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Full text of "History of North Carolina"

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» of 
iSortf) Carolina 



BY 

SAMUEL A'COURT ASHE 



3n ttuo "Volumes 



Volume i 

FROM 1584 TO 1783 



GREENSBORO, N. C: 
Charles L. Van Noppen, Pubiislier: 



190: 










452038 



COPYRIGHT, 1908 
BY CHARLES L. VAN NOPPEN 



ALL RIGHTS RESERVED 



DEDICATION 

To Thomas Jordan Jarvis: 

In taking a retrospect of past events I recall that you and the 
lamented William Laurence Saunders and myself were fellow soldiers 
in the long war; that we shared in the anxieties of the Reconstruc- 
tion period ; that we were together in the important work of 1870-72, 
when you, as Speaker of the House, held the most commanding 
position among our friends ; that from that time onward we were 
co-laborers in every efifort that promised to promote the welfare 
of the people ; that we sufifered together in disappointments and 
enjoyed together many glorious victories ; that during the six years 
of your useful and brilliant administration we were in constant 
co-operation, and in complete sympathy in all matters of public 
concern ; and that since then, our cordial friendship has continued 
without interruption, save that Saunders has rested from his labors. 
Recalling those long years of association, when we were animated 
by common hopes and subject to the same anxieties — in remembrance 
of that eventful period — 

I dedicate this volume to you and to the memory of our departed 
friend, it being an early fruitage of his important state publications, 
the preparation of which was made possible by your own cordial 
concurrence ; and I inscribe your names on this page in recognition 
of your great services to the people of North Carolina and in token 
of my friendship. 

S. A. Ashe. 



PREFACE 

At different times in the past the public were led to hope 
that Judge Murphey, Governor Graham or Governor Swain 
would prepare a History of North Carolina, but these dis- 
tinguished investigators into historical subjects had not the 
leisure, or they were deterred by the labor that such a work 
would entail. Fortunate would it have been had the litera- 
ture of the State been enriched by such a contribution from 
any one of those illustrious citizens. 

And yet it is to be observed that it is only in more recent 
years that the great mass of original documents bearing on 
our history has been collected and made accessible to 
students. The publication by the State of twenty-six vol- 
umes of a thousand pages each of this material has thrown 
such light on matters formerly obscure that the story of our 
people can now be much more accurately written than ever 
before. 

It was the fortune of the writer to have been familiar 
with these documents before they were made public by the 
State, and to have carefully considered those of any par- 
ticular import. An investigator into original sources of 
North Carolina history for many years, he was naturally the 
co-laborer of Colonel Saunders in his great work, and he 
was also somewhat concerned in preparing the Prefatory 
Notes of the State Records. It is then with some confi- 
dence that he offers the result of his protracted labors to the 
public. 

As this work is based almost exclusively on the State 
publications, nearly every statement relating to North Caro- 
lina has for its support a contemporaneous document. 

Every one owes something to the community of which he 
is a member, and the author in performing the self-imposed 
task of preparing this History of North Carolina feels that 
he is only paying a small part of the natural obligations 
resting on him as a citizen of the State. In the execution 
of his design he has sought to present the past with unswerv- 
ing fidelity. Animated by an ambition to do his work so 



vi ■ PREFACE 



thoroughly that posterity will value it, he has closely investi- 
gated all subjects, and, as far as practicable, has brought 
together the circumstances bearing on transactions concern- 
ing which there have been differences of opinion. 

The history of North Carolina abounds with incidents 
that illustrate the high patriotism of our people, their man- 
hood, their constancy and their endurance. It has been with 
pride that the author has sought to perpetuate the record of 
those events and to enforce on posterity the lessons they 
inculcate, while preserving the memory of those useful 
citizens who ha\e contributed to the public welfare. 

The author makes acknowledgment to Dr. Stephen B. 
Weeks for valuable suggestions, for his assistance in read- 
ing proof and for his indefatigable labor in verifying refer- 
ences. It is largely due to his critical acumen, to his 
scholarly taste and to his unsparing labor that this volume 
will be found so free from defects. 

Acknowledgment should also be made to Mr. Charles L. 
Van Noppen, the publisher, for his zealous interest. He 
has not considered the cost but has been animated by a 
patriotic purpose to be instrumental in the production of a 
work which he hopes will gratify the people of the State. 



The Author. 
Raleigh, N. C, June i, 1908. 



CONTENTS 



THE FIRST EPOCH— 1584-91 
RALEIGH'S EXPLORATIONS AND COLONIES 



CHAPTER I 
Contemporaneous Documents 

Extracts from contemporaneous writings relative to the discovery 
of Virginia. — Explorations. — Localities. — Attempted settlements at 
Roanoke, and the fate of the Lost Colony. — The Croatans. 

CHAPTER II 

Explorations, 1584 

England claims rights in America. — Sir Humphrey Gilbert. — 
Walter Raleigh's charter. — The landing of Amadas and Barlow. — 
The spot uncertain. — The savages kindly. — Explorations. — Fortunate 
return. — The new land named Virginia. — Conditions in America. 22 

CHAPTER HI 

Lane's Colony, 1585-86 

Lane's colony. — Arrival at Wokokon. — Secotan visited. — Aquasco- 
goc burned by Grenville. — Disembarkation at Hattorask. — Settle- 
ment at Roanoke. — Fort Raleigh. — Explorations. — Manteo friendly. 
— Wanchese hostile — The peril of famine. — Lane penetrates the 
Chowanoak ; seizes Skyco : ascends the Moratoc. — Food exhausted. — 
The Indian conspiracy. — The hostiles gather at Dasamonquepeuc. — 
Lane strikes a blow and secures safety. — The arrival of Drake. — The 
departure of the colonists. — Arrival of Grenville's fleet. — Fifteen 
men left to hold possession 29 



viii CONTENTS 



CHAPTER IV 

White's Colony, 1587-91 

Raleigh's embarrassments. — Conveys an interest in Virginia to 
Thomas Smith John White, and associates. — The citie of Raleigh in 
Virginia. — White's colony departs. — Howe murdered. — White de- 
spoils the fields of the hostiles. — Baptism of Manteo.— Birth and 
christening of Virginia Dare. — White returns to England. — The 
.\rmada.— White's first attempt to return to Virginia. — Raleigh makes 
further conveyance of his interest. — White sails in February, 1591. — 
Finds colony removed. — Mace's voyage. — Elizabeth dies. — Raleigh 
arrested for treason. — The settlement at Jamestown. — Fate of the 
Lost Colony 39 



SECOND EPOCH— 1629-63 
PERMANENT SETTLEMENT 

CHAPTER V 
Charters and Colonial Officers 

The charters. — The concessions. — The Lords Proprietors and 
their successors. — The Palatines. — The governor, speakers of the 
Assembly, and chief justices 50 

CHAPTER VI 

Beginnings of Permanent Settlement in Albemarle 

Conditions in America. — Virginia under the treaty with Parlia- 
ment. — Roger Green's explorations. — The king of Roanoke Island. 
— Permanent settlement on the Carolina Sound. — The Restoration. 
^The Cape Fear explored. — Berkeley receives instructions as to 
Carolina. — The name Albemarle. — The Quakers. — The grant of the 
Lords Proprietors. — William Drummond, governor of Albemarle.— 
The second grant 55 

CHAPTER VII 

Settlement on the Cape Fear 

The settlement on the Cape Fear. — Hilton's explorations. — The 
New England Association. — The first settlement. — Sir John Yeamans. 
governor. — Conditions at Charlestown. — Yeamans sails from Barba- 
does. — An Assembly at Cape Fear. — An Indian war. — Dissatisfaction. 
— The Cape Fear River abandoned. — A new Charlestown on Ashley 
River. — Slavery in the colonies. — The Indian inhabitants. . . 72 



CONTENTS ix 



THIRD EPOCH — 1663-1729 
PROPRIETARY GOVERNMENT 

CHAPTER VIII 

Administrations of Drummond and Stephens, 1664-69 

The settlement of Albemarle. — Governor Drummond. — The first 
Assembly. — Conditions at Albemarle. — The concessions. — Cessation 
of tobacco planting. — An Indian war. — Changes in the Proprietors. 
— Stephens governor. — The great deed. — Act of Assembly. — The 
marriage act 88 

CHAPTER IX 

Carteret's Administration, 1670-73 

The Fundamental Constitutions.- — Changes introduced by them. — 
The first meeting under the Grand Model. — Carteret governor. — 
The Grand ]\Iodel in practice; The precincts. — The nobility. — The 
Palatine's Court. — The Quakers. — First dissatisfaction. — Carteret 
sails for England. — John Jenkins deputy-governor. — Visits from 
Edmundson and Fox 98 

CHAPTER X 

Adminlstrations of Jenkins and Miller, 1673-78 

The navigation acts. — The Board of Trade. — The people murmur. 
— Other causes of dissatisfaction. — An Indian war. — The tobacco 
duty resisted. — The administration compromises. — Miller arrested. — 
Eastchurch goes *to England. — Governor Jenkins depo.sed. — East- 
church appointed governor. — Bacon's rebellion in Virginia. — A gov- 
ernment by the people. — Eastchurch deputizes Miller.^Opposition 
to the navigation acts. — Durant resolves to revolt. — Miller acts 
resolutely. — Durant returns to Albemarle. — The crisis arrives. — 
The revolt proceeds 112 

CHAPTER XI 

Administrations of Harvey, Jenkins, Wilkinson and 

SoTiiEL, 1679-89 

The revolt successful. — A government by the people. — Victory 
brings moderation. — Quiet succeeds the storm. — The revolt against 
arbitrary power and the navigation acts. — The Proprietors dila- 



X CONTENTS 



tory. — The increase of Albemarle. — The Proprietors acquiesce. 
— Seth Sothel sent to govern. — John Harvey governor. — Miller 
flees. — Durant dominant. — Biggs retires to Virginia. — The Quakers 
appeal to the Proprietors for protection. — Harvey dies; suc- 
ceeded by Jenkins. — Culpepper tried, but acquitted. — Shaftesbury 
in exile. — Albemarle to observe the law. — Wilkinson governor. — 
Sothel arrives. — John Archdale visits Albemarle. — A view of the 
situation. — Sothel becomes a tyrant. — He is expelled. . . . 126 



CHAPTER XII 

Administrations OF Ludwell, Jarvis, Archdale, Harvey 
AND Walker, 1689- 1704 

Philip Ludwell, governor of North Carolina. — Gibbs's claim. — 
Thomas Jarvis appointed deputy. — Ludwell governor of all Caro- 
lina. — His instructions. — Changes in the system. — Conditions in Al- 
bemarle. — Proprietors prepare rent roll. — Ludwell gives effect to the 
Great Deed. — Thomas Harvey deputy-governor. — John Archdale 
governor of Carolina.- — The arrival of the Huguenots. — Erection of 
Bath Count3\ — The line between Carolina and Virginia in dispute. — 
Pirates harbor in all the colonies. — Parliament directs that gov- 
ernors should be approved by the king. — Henderson Walker gov- 
ernor. — Changes in Albemarle 141 



CHAPTER XIII 
The Exclusion of the Quakers 

Albemarle at the opening of the new century. — Religious affilia- 
tions. — The Quakers. — Nathaniel Johnson governor of Carolina. — 
The Church Party in South Carolina. — Major Daniel succeeds Hen- 
derson Walker. — The Quakers excluded from office.— The Constitu- 
tion ignored. — A new church law. — Daniel removed. — Succeeded by 
Cary. — The colony grows.— Virginia disputes the boundary. — John 
Porter's voyage to England. — He obtains redress. — New elements 
in the controversy. — Porter breaks with Glover. — Two govern- 
ments contending. — Both call the Assembly. — Glover departs to Vir- 
ginia. — Cary in possession. — The government orderly 154 



CHAPTER XIV 

The Cary Rebellion 

The Palat'nes. — Their sufferings at sea. — They march through 
the forest. — De Graffenried's Swiss. — New Bern founded. — 
Hyde arrives in Virginia. — Invited to Carolina. — Glover's influence. — 
The Quakers excluded. — His authority denied. — The new Assembly. 



CONTENTS xi 



— Hyde succeeds. — The Gary administration declared a usurpation. 
— Partisan legislation. — Hyde embodies men. — Gary prepared. — 
Roach aids Gary. — The people divide.- — Governor Spotswood seeks to 
mediate. — His agent threatens Gary. — Gary prepares to engage, but 
fails. — Hyde's moderation. — Gary and Porter sent to England. . 169 



CHAPTER XV 

The Tuscarora War 

The Indians disquieted. — Lawson's activities. — Lawson executed. 
— The cause of the Indian war. — The massacre. — Preparations for 
defence. — Active war. — Gale's mission successful. — Barnwell acts 
vigorously. — War measures. — Barnwell makes a truce. — Barnwell's 
Indians return to South Garolina. — Hostilities renewed. — The death 
of Hyde. — Pollock's truce with King Blount. — James Moore arrives. 
— He takes Fort Nohoroco. — Many Tuscaroras depart for New York. 
— Major Maurice Moore arrives. — Effects on the settlers.—Harmony 
in the colony.— Governor Eden. — South Garolina imperilled. — Aid 
sent. — The Gores renew hostilities I79 



CHAPTER XVI 
Eden's Administration, 1714-22 

The Assembly of 1715. — The Ghurch of England established in 
the colony. — Other laws. — The precincts. — Partisan disagreements. — 
"Blackbeard" harbors in Pamlico Sound. — Gomplicity of Knight. — 
Moscley and Moore search the records. — Knight exonerated, resigns 
and dies. — Moscley punished. — Revolution in South Garolina. — The 
dividing line. — Golonel Pollock president. — William Reed succeeds 
him.— Edenton. — Garteret Precinct. — A blow at nepotism. . . 196 



CHAPTER XVH 

Administrations of Burrington and Everard. 1724-31 

Governor Burrington explores the Gape Fear.— Opposition to him. 
— Burrington displaced. — Sir Richard Everard. — Antagonism be- 
tween Assembly and governor. — Altercations of Burrington and the 
governor. — The ministers. — The settlement of the Gape Fear. — The 
Assembly sustains Burrington. — He appeals to the Proprietors. — 
Personal controversies. — The dividing line with Virginia. — Purchase 
by the Grown. — Garteret retains his share. — Everard breaks with 
Gale. — The lords of trade — The currency act. — The end of the 
Proprietarv government. — Gnnditions in North Garolina. — No public 
school^. — Few ministers. — The Baptists. — Industries. — Population. — 
Social conditions 208 



xii CONTENTS 



FOURTH EPOCH— 1729-65 
NORTH CAROLINA AS A ROYAL PROVINCE 

CHAPTER XVIII 
Burrington's Second Administration, 1731-34 

The Board of Trade. — The seal. — Everard's enemies. — Burrington 
appointed governor. — The province during the interim. — Burrington 
arrives. — Opposition to the royal instructions. — The first royal 
Assembly.^ — Matters of controversy.^Currency act declared void. — 
The quit rents. — Fees of officers. — The Assembly affronted. — The 
basis of political action. — Burrington's instructions. — He dispenses 
with the Assembly. — Appoints new councillors. — Schoolmasters. — 
The general court. — The governor erects new precincts. — His 
action disregarded. — New conflicts. — Burrington's arbitrary conduct. 
— He is removed. — The second Assembly. — Chief Justice Little 
arraigned. — The governor addresses the house. — The third 
Assembly. — Burrington attempts to vindicate himself. — He rules 
without council or Assembly. — The difficulties of the situation. — 
Altered patents. — His opinion of the people. — Controversial docu- 
ments. — His progressive action. — Dividing line between the Caro- 
linas. — Landgrave Smith's grant. — Questions settled and unsettled. — 
The province grows. — Religious conditions. — The last Assembly to 
meet Burrington. — No act passed during his administration. . 224 

CHAPTER XIX 
Johnston's Administration, 1734-52 

Governor Johnston arrives. — Burrington's enemies in the ascend- 
ant. — Johnston cordially received. — The Assembly and the governor. 
— Disagreements. — Wilmington incorporated. — Immigrants. — McCul- 
loh's grants. — Swiss, Irish and Scotch. — The South Carolina 
dividing line. — Clashing between the governor and the people.— The 
new Assembly. — The governor appeals for instructions. — Precincts 
converted into counties. — The compromise. — Progress in the colony. 
— The chief justice impeached. — He dies.— Edward Moseley chief 
justice. — The Spanish War. — Expedition to Cartagena. — The decision 
of the Board of Trade.— The quit rents. — Body of laws. — Blank 
patents. — The currency. — Governor's salary unpaid. — Matters in dis- 
pute settled. — Granville, Johnston, and Duplin counties.— The Scotch 
migration. — Anson County. — Granville's territory. — The unarmed re- 
bellion.— The two repudiated acts. — The Assembly of 1747. — Northern 
counties not represented. — They refuse obedience. — Spanish invasion. 
— Beaufort and Brunswick attacked. — New currency act. — Efforts to 
displace Johnston. — Local differences. — First printing press. — Yellow 
Jacket. — The Palatines.^Wreck of Spanish fleet. — The contest be- 
tween the new and the old counties. — The cessation of courts in 
Albemarle.— The end of Johnston's administration. — Two treasurers. 



CONTENTS xiii 



—Growth at the west.— The Germans and Scotch-Irish.— Orange 
County.— Explorations by Spangenberg 247 

CHAPTER XX 
DoBBs's Administration, 1754-65 

Dobbs's visit to Point Lookout.— President Rowan.— County of 
Rowan.— Old style abolished.— The French claim.— Christopher Gist. 
The French invasion. — Innes's regiment. — Innes commander-in- 
chief. — Decision of vexed questions. — Dobbs appointed governor. — 
Instructions to Governor Dobbs. — The constitution reformed. — 
Dobbs reaches New Bern. — The growth of the province. — The Indian 
inhabitants.— The Croatans.— The old counties elect their five mem- 
bers.— The new Assembly.— Tower Hill.— The French and Indian 
War. — The frontier settlements. — Fort Dobbs — The fir^t news- 
p^^per. — North Carolma troops in the war. — Major Hugh Waddcll. 
— Fort Duquesne taken. — McCulloh's grant. — Internal matters. — 
Dobbs County. — The governor arbitrary. — The king's bounty. — 
Causes of difference. — The house outwitted. — The Enfield riots. — 
The Assembly protests. — The governor not sustained. — The court law 
annulled. — No courts held. — A new Assembly. — The Assembly reso- 
lute. — The secret session. — The governor makes terms.— Courts re- 
established. — The Cherokee war. — The western counties desolated. — 
Fort Dobbs attacked. — Bethabara threatened. — Walnut Cove sur- 
rounded. — Conditions more peaceful. — King George III. — Some 
differences reconciled. — At the end of the war. — The council declares 
its patriotism. — Population.— The Indians. — Abortive efforts for free 
schools. — The courts. — Religious conditions. — Republicanism rife. — 
British views with reference to America. — The right to tax claimed. 
— The Assembly of 1764. — The Weekly Post Boy at Wilmington. — 
Tryon appointed to relieve Dobbs. — The public agitated. — The firm 
stand of the Assembly. — Claims exclusive privilege of imposing 
taxes. — The .A.ssembly concurs with Massachusetts. . . . 280 



FIFTH EPOCH— 1765-75 

CONTROVERSIES WITH THE MOTHER 
COUNTRY 



CHAPTER XXI 

Tryon's Administration, 1765-71 : The Stamp Act 

Governor Tryon's administration. — Unrest in Mecklenburg. — 
The cause of complaint in Orange. — The Assembly of May, 1765, 
— The vestry act. — The stamp act passed. — Desire for inde- 
pendence imputed to the colonists. — Popular ferment. — Speaker 
Ashe declares the people will resist to blood. — The Assembly pro- 
rogued. — Patrick Henry in Virginia. — Barre's speech in Parliament. 



xiv CONTENTS 



— Sons of Liberty. — An American congress called. — Dr. Houston 
stamp-master. — North Carolina not represented. — Famine and dis- 
ease in the province. — The people set up looms. — Action at Wilming- 
ton. — Libert}' not dead. — Dr. Houston resigns. — Governor Tryon 
feels the people. — Deprecates independence. — The reply. — Desire for 
independence disclaimed. — The act not observed. — Non-importation. 
— The people united. — Conditions in England. — British merchants 
and manufacturers clamor for repeal. — Pitt. — Camden. — Conditions 
in America. — No business transacted. — The West settled. — In Gran- 
ville's territory. — Judge Berry commits suicide. — The rising on the 
Cape Fear. — The people form an association. — They choose directors. 
— Fort Johnston seized. — Tryon's house invaded. — The act annulled. 
— Business resumed. — The Assembly prorogued. — The stamps stored. 
— The act repealed. — London rejoices. — America grateful. — Mayor 
DeRosset's manly sentiments. — Judge Moore suspended. . . . 310 



CHAPTER XXII 
Tryon's Administration, 1765-71 : The Regulation 

IMurmurs from the west. — The governor's proclamation. — The 
reform movement. — The general polity of the province. — Tryon's 
action. — Purpose of the reformers. — Removal of the Tuscaroras. — 
The Assembly meets. — November, 1766. — The burden too heavy to 
bear. — The address to the king. — The southern treasurer. — No 
provincial agent. — The governor's palace. — The seat of government. 
— Presbyterian ministers to perform marriage ceremony. — The 
Cherokee line. — The Watauga settlement. — The need of currency. — 
New legislation. — The speakers to be gowned. — Tryon joins in ask- 
ing for currency. — New custom duties proposed. — The Assembly 
prorogued. — The Regulators associate. — The meetings. — Oath-bound. 
— Hillsboro raided. — Consternation of the officers. — Rev. George 
Alicklejohn the peacemaker. — The governor advises an appeal to 
the Assembly. — Fanning seizes Husband. — The people aroused. — A 
petition to the Assembly. — Presented to the governor. — His reply. 
— He reaches Hillsboro. — Sends Harris to collect taxes. — Harris's 
report. — Hillsboro threatened. — Disturbing rumors. — The agreement. 
— The voice of Anson.- — Trouble in Johnston. — The governor's de- 
mands. — The army of 1768. — The Presbyterian ministers support the 
governor. — The march to Hillsboro. — The Regulators embody. — 
The governor's terms. — The malcontents disperse. — The court held. 
— Tryon desires to leave. — Regulators' address. — Resolve of Assem- 
bly. — Remedial legislation proposed. — Hillsboro riots. — Riot act.— 
Alamance. — The battle. — The trials and executions. . . . 326 



CHAPTER XXIII 
Social Life at the Opening of the Revolution 

In the homes of the people. — Social conditions. — The state 
church. — The Protestant dissenters. — The Baptist churches. — 
Pioneers of Methodism. — Education and schools. — Taxation. — The 
lawyers. — The Quakers and the militia. — Servants and slaves. 377 



CONTENTS XV 

CHAPTER XXIV 
Martin's Administration, 1771-75 

Martin's administration. — The Regulator chieftains. — Pardon 
asked. — The Assembly meets. — Act of oblivion recommended. — The 
line between the Carolinas. — The quarrel with the governor. — The 
Assembly dissolved.— Sarah Wilson. — Purchase of Granville's terri- 
tory proposed. — Governor Martin proposes reforms. — He confers 
with the Regulators. — The province tranquil. — Martin's view of the 
commotion. — The house objects to the South Carolina line. — Dis- 
agreement of the houses over James Hunter. — Fanning's losses. — 
Changes at the west. — The court bill. — The attachment clause. — 
The house resolute. — It is dissolved. — Courts by prerogative. — 
Quincy's visit. — Martin to become Granville's agent.— Colonial af- 
fairs. — Committee of Correspondence. — The act of oblivion again 
fails. — The house affronts the governor. — The courts cease. — The 
governor seeks conciliation. — Temporary courts of oyer. — The one 
shilling tax.— Harvey urges a convention. — Continental affairs. — Tea 
destroyed at Boston.^ — Parliament closes the port of Boston. — The 
McDonalds come to the Cape Fear 396 



CHAPTER XXV 

Martin's Administration, 1771-75 — Continued 

Organized resistance. — The Committee of Correspondence. — 
William Hooper.— The Wilmington meeting. — The cause of Boston 
the cause of all. — Parker Quince. — The first convention. — The 
counties organize. — Governor Martin's proclamation. — The conven- 
tion held. — The resolution. — Non-importations. — Tea not to be used. 
— The revolutionary government. — Committees of Safety. — In- 
structions to delegates. — Governor Martin's attitude. — Goes to 
New York. — The Continental Congress. — The revolution pro- 
gresses. — Cornelius Harnett. — The Edenton tea party. — Governor 
Martin returns. — The Transylvania colony. — The second convention 
called. — Proceedings on the Cape Fear. — John Ashe. — Robert Howe. 
— The Regulators disaffected. — The Highlanders. — Enrolled Loyal- 
ists. — The Assembly and the Convention. — John Harvey presides. — 
The American Association signed. — The .governor's address. — The 
house replies resolutely. — The Assembly dissolved. — The last appear- 
ance of Harvey. — North Carolina at court. — Thomas Barker. — 
Governor Tryon. — North Carolina favored. — The battle of Lexing- 
ton. — Martial spirit aroused. — The governor questioned by Nash. 
— He is alarmed. — The negro insurrection. — He seeks refuge at 
Fort Johnston 417 



CHAPTER XXVI 
The Mecklenburg Resolves, May 31, 1775 

The ^Mecklenburg declaration. — Historical statement. — Documents 
and observations. — Conditions in IMay. — Mecklenburg aroused. — The 



xvi CONTENTS 



great meeting at Charlotte. — Colonel Polk proclaims the resolves. — 
Independence declared. — The old government annulled. — The leaders 
in Mecklenburg. — The effect elsewhere. — At Salisbur3\ — At New 
Bern. — Bethania. — Reconciliation still desired. — Apprehensions. — 
Thomas Jefferson. — The Regulators. — The patriots in the interior. — 
The clashing in Anson. — New Hanover acts. — Governor Martin's 
plans. — ^McDonald arrives. — New Hanover impatient. — Fort Johnston 
burned. — The Revolution progresses. — Dunn and Boote confined. 437 



CHAPTER XXVII 
The Provincial Council, 1775-76 

The spirit of resistance. — Martin's proclamation.— The Congress. 
— The leaders. — The conditions. — The people divided. — Efforts to 
gain the Regulators. — Proceedings of Congress. — Franklin's confed- 
eration. — Independence not the object. — The first battalions. — The 
minute men. — Count}' courts. — The test. — The money of the Revolu- 
tion. — To provide necessaries. — Congress adjourns. — Enlistment of 
troops.^The safety of Wilmington. — The plan of subjugation. — 
Arrival of Highlanders.- — Provincial council. — Tories and Whigs. — 
The Indians placated. — The Scovellites. — The Snow campaign. — 
Howe marches against Dunmore. — Norfolk destroyed. — Armed ves- 
sels built. — The ministerial troops. — In England 472 



CHAPTER XXVIII 
The Provincial Council, 1775-76 — Continued 

Martin prepares to act.— He sends commissions. — The rising. — 
The Western patriots. — Caswell marches.— At Wilmington.— At 
Cross Creek. — The Tories embody. — Moore at Rockfish.— AIcDonald 
marches. — Moore's Creek. — The battle. — Death of Grady. — The 
spoils. — Trouble in Currituck. — The effects of the victory. — In Vir- 
ginia. — In North Carolina. — Mary Slocumb's ride. — Reports of 
Caswell and Moore 496 



SIXTH EPOCH— 1775-83 
THE WAR FOR INDEPENDENCE 

CHAPTER XXIX 

The Provincial Council, 1775-76 — Continued 

The Provincial Congress.— The spirit of independence.— In the 
Continental Congress.— At Halifax. — The committee.— The un- 
daunted spirit to declare independence. — The delegates instructed. 
—North Carolina leads the way.— The captured Tories.— The 



CONTENTS xvii 



drums and colors. — War measures. — On the water. — The Tories. — 
Four new battalions. — For defence of Cape Fear. — Militia drafts. — 
Civil affairs. — The members of the congress 513 



CHAPTER XXX 
The Council of Safety, 1776 

Attempt to frame the Constitution. — Fundamental principles. — 
The problems involved. — The temporary government. — Congress ad- 
journs. — The first invasion. — General Lee. — Clinton's disappointment. 
— The fleet arrives. — The ardor of the Whigs. — Clinton offers par- 
don. — No hostile movement. — The descent on Brunswick. — The 
regiments land. — The fleet sails. — The Council of Safety. — The at- 
tack on Fort Moultrie. — North Carolina's gallant troops. — Affairs at 
home. — The Continentals S^7 

CHAPTER XXXI 
Independence 

Independence declared. — Lee's resolution. — The declaration.- - 
The Norlh Carolina deputies. — The declaration proclaimed. — The 
address of the council. — Religious teachings in Anson. — James Hun- 
ter a patriot. — The Indians hostile. — Rutherford crosses the moun- 
tains. — Washington district annexed. — The movement against the 
Indians. — Rutherford successful. — The Surry regiment. — Moore's 
expedition. — The Tories active. — Salt-making. — The British abandon 
Cape Fear. — A winter campaign threatened 540 



CHAPTER XXXII 

The Constitution of 1776 

Making the constitution. — Divergencies. — The conservatives. — 
The results of the election. — Johnston burned in effigy. — The con- 
gress meets. — The committee moves slowly.— Proceedings in the 
convention. — Citizenship established.— The principles of government. 
— Sovereignty of the people. — The Orange instructions. — Those of 
Mecklenburg. — Hooper urges the Delaware plan. — In the committee 
room. — The draught reported. — The bill of rights.— The religious 
test. — Thoroughlv considered. — The Virginia constitution. — A rep- 
resentative republic. — Public schools. — The religious test adopted. 
— The instrument conservative. — A new administration installed. 556 



CHAPTER XXXIII 

Caswell's Administration, 1776-80 

Caswell's administration. — Military movements. — Political power. 
— The first As'^cmbly. — Tories banished.— Sheppard's regiment. — 
Conditions within the State.— The task of the patriots.— Johnston 



xviii ■ CONTENTS 



dissatisfied. — Loyalists depart. — Arrival of Lafayette. — Trade 
through Ocracoke inlet. — The Continental Line join the Grand Army. 
— Brandywine. — Germantown. — Death of Nash. — New battalions. 570 



CHAPTER XXXIV 
Caswell's Administration, 1776-80 — Continued 

The second session of the Assembly. — Articles of confederation. — 
Valley Forge. — Supplies from North Carolina.— The North Carolina 
line destitute. — Feeling in England. — Treaty with France. — The sec- 
ond Assembly. — Dr. Burke in congress. — The battalions consoli- 
dated. — Nine months' Continentals. — Defection prevalent. — The 
North Carolina brigade. — The judges appeal to the people. — At the 
adjourned session. — For the southern campaign. — Importations con- 
tinued. — The fall of Savannah. — Militia for the South. — Ashe sur- 
prised at Briar Creek. — Boyd's defeat. — Light horse at the North. 
— Sumner and Hogun brigadiers. — The hardships of the officers. — 
Prices and taxes. — Internal perils. — Movements of troops. — Battle 
of Stony Point. — The second Assembly. — Efforts to increase the 
Continental force. — Tory movements. — Battle of Stono. — Davie 
wounded. — Battle at Savannah. — Hogun ordered South. . . 584 



CHAPTER XXXV 

Nash's Administration, 1780-81 

The confiscation act. — Lillington's brigade. — The fall of Charles- 
ton. — The prisoners suffer. — Death of Hogun. — The delayed re-en- 
forcements. — Tarleton's quarters. — Invasion apprehended. — Caswell 
major-general. — De Kalb's re-enforcements arrive. — Gates to com- 
mand. — Activity of Rutherford. — Ramseur's Mill. — Rutherford pur- 
sues Bryan. — Plans of Cornwallis.- — De Kalb encamps on Deep 
River. — Davie's enterprise.— Gates advances. — Battle of Camden. — 
Death of De Kalb. — Gallantry of Gregory and Dixon. — Gates's ride. 
— The disaster. — At Charlotte. — Sumter's negligence. — Davie in ad- 
vance. — The spirit of the people. — New supplies. — Preparations for 
defence. — The Assembly acts. — The Board of War. — Smallwood 
supersedes Caswell 607 



CHAPTER XXXVI 

Nash's Administration. 1780-81 — Continued 

Cornwallis moves to Charlotte. — Davie's gallant defence.--The 
activity of the Mecklenburgers. — Governor Martin's proclamation. — 
Movement on Augusta. — Ferguson marches westward. — The fron- 
tiersmen assemble. — Battle of King's Mountain. — Death of Chronicle. 
— The victory gives great joy. — Its effects. — Cornwallis retires. — His 
gloomy outlook. — Leslie in Virginia. — Moves to Camden. — Gates 
moves forward. — Cornvvallis's disappointment. — Arrival of Greene. — 
His activity. — Flis forward movement. — The new year. — The Coun- 



CONTENTS xix 



cil Extraordinary. — Caswell reinstated. — Four new continental bat- 
talions. — No party divisions. — During Caswell's administration. — 
Nash's administration. — Dr. Burke's zeal to correct abuses. — Sam 
Johnston declines the presidency of congress 629 



CHAPTER XXXVir 

Nash's Administration, 1780-81 — Continued 

The battle of Cowpens. — Cornwallis pursues Morgan. — The death 
of Davidson. — Invasion of the State. — Greene crosses the Dan. — 
The endurance of the troops. — Cornwallis at Hillsboro. — On the 
Cape Fear. — The movements of the armies. — Pyle's massacre. — 
Greene at Troublesome Creek. — Battle of Guilford Court House. 
— Cornwallis moves east and Greene pursues. — Cornwallis reaches 
Wilmington, Greene goes to South Carolina. — Craig occupies Wil- 
mington. — Death of Harnett. — Cornwallis's plans. — Cornwallis 
marches to Virginia. — The inhabitants distressed. — At Edenton. — 
The Whigs rally. — Greene in South Carolina. — Death of Major 
Eaton. — Cartel of exchange agreed on. — Atrocities lead to threats 
of retaliation. — Gregory defends the Albemarle region. . . . 648 

CHAPTER XXXVHI 
Burke's Administration, 1781-82 

Conditions in North Carolina. — Major Craig at Wilmington. — 
The Assembly meets. — Burke governor. — Action of Assembly. — 
Governor Burke's zeal. — Fanning embodies the Tories. — Pittsboro 
taken. — Conditions in Bladen. — Wade's victory. — Cornwallis's plans. 
— South Quay captured. — New continental battalions. — Craig in- 
vades the eastern counties.— Lillington forbidden to fight. — New 
Bern taken. — Tory atrocities. — Battle of Elizabethtown. — Governor 
Burke's plans. — Fanning defeats Wade. — The governor captured. — 
The battle of Cane Creek. — Butler surprised at Brown Marsh. — The 
battle of Eutaw Springs. — The gallantry of the North Carolinians. 675 

CHAPTER XXXIX 

Martin's Administration, 1781-83 

Rutherford marches to Wilmington. — Cornwallis surrenders. — 
Wilmington evacuated. — Rutherford disbands his army. — Fanning 
not suppressed. — The Assembly at Salem. — The Tories active. — Gov- 
ernor Martin's action. — The return of Burke. — He assumes the ad- 
ministration. — Fanning's brutality. — Progress of events. — Burke 
seeks a re-election. — Alexander Martin chosen. — New legislation. — 
The Moravians. — Depreciation of the currency. — The Continental 
Line. — Indian hostilities renewed. — Leslie remains at Charleston. — 
The deplorable condition of the army. — Charleston evacuated. — The 
number of troops furnished by North Carolina. — The capture of 
Lord Montague. — The condition in 1783. — Governor Martin's ad- 
dress. — The sovereign State 699 



MAPS AND ILLUSTRATIONS, VOL. I 

First map of the North Carolina Coast 3 

From DeBry's engravnig from John White's drawing, now 

preserved in the British Museum. 
The Lost Colony . 43 

Redrawn from an original Indian map first published in 

Brown's "Genesis of the United States." 

A New Map of Carolina, by Philip Lea (1695-) 145 

From the "Charleston Year Book for 1883," from an original 
in the library of Captain William A. Courtenay. 

Lawson's map of North Carolina 169 

Reduced and redrawn from the original in Lawson's "New 
Voyage to Carohna," London, 1709. 

Map showing the Evolution of Settlement and Location of 

Races Zll 

Drawn by Samuel A. Ashe and Stephen B. Weeks. 

Theatre of Operations in the Southern Campaign, 1780-83 . . 619 
Reprinted by special pernnssion from "General Greene," by 
Francis Vinton Greene, copyright 1893, by D. Appleton and 
Company. 
Map of North Carolina in 1783, showing the Evolution of the 
Counties, Revolutionary Battlehelds, and Lord Gran- 
ville's Line, 1743-76 725 

Drawn by Samuel A. Ashe and Stephen B. Weeks. 



Captain Samuel A'Court Ashe Frontispiece 

From the Williams engraving from a photo published by 
Van Noppen in the "Biographical History of North 
Carolina." 

Sir Walter Raleigh i 

From Knight's "Gallery of Portraits" (1836), from engrav- 
ing by Posselwhite after a portrait in the Collection of the 
Duchess of Dorset. 

Indian Village 27 

From DeBry's engraving from White's original painting 

now in the British Museum. 
Cooking Fish, Indian Method 34 

From DeBry's engraving from White's original painting 

now in the British Museum. 

Great Seal of the Lords Proprietors of Carolina 51 

From the copy published by Capt. William A. Courtenay 
in the "Charleston Year Book for 1883" from the original 
in the British Public Record Office. 



xxii MAPS AND ILLUSTRATIONS 

Great Seal of the Colony of Albemarle . 88 

From an original found in the court liouse in Edenton, now 
preserved in the Hall of History in Raleigh. 
Philip Ludwell, first governor of North Carolina, 1689 . . .192 
From an original portrait now in the possession of his de- 
scendant, Mrs. Bennehan Cameron. 

Christopher Gale, Chief Justice 192 

From the engraving by E. Witzler from the original. 
Book-plate and Autograph of Edward Moseley . . . . .192 
From the originals in the Weeks Collection of Caroliniana. 

Bath Church, Beaufort County, built 1734 192 

From a recent photograph. 
Title Page of the First Printed Revisal of the North Carolina 

Laws 273 

From the oldest known copy of the first book prmted by the 
first printer on the first press in North Carolina; from the 
original in the Weeks Collection. 
Arthur Dobbs, governor of North Carolina, I754-6S • • -284 
From a mezzotint in the Weeks Collection by MacArdell, 
from the portrait by William Hoare. 
Hugh W^iddell, officer m the old French War and General in 

the Regulation •. • ^^4 

From an etching by Albert Rosenthal from an original 
miniature painted by Gainsborough, now owned by Col. 
A. AI. Waddell, Wilmington. N. C. 

St. Paul's Church, Edenton, built about 1735 284 

From a recent photograph. 

The Court House, Edenton, built about 1750 284 

From a recent photograph. 
The North Carolina Gazette, printed by James Davis, New Bern, 

October 18, 1759 , ' ', ' ' ^^^ 

A facsimile reproduction, exact size, of the oldest known 
issue of the first newspaper printed in North Carohna ; from 
the original in the American Antiquarian Society Library, 
Worcester, Mass. 
Edmund Fanning, prominent in the Regulation troubles . . 326 

From an etching by Albert Rosenthal. 
Monument to the Regulators, located on the Battlefield near 

Burlington, N. C 326 

From a photograph. 
North Carolina Currency, 4d., under the act of April 4, 1748 326 

From an original in the Hall of History, Raleigh. 
North Carolina Currency, $i2i4, under act of April 2, 1776 • 326 

From an original in the Weeks Collection. 
Governor's Palace, New Bern; built 1767-70; first occupied June. 

1770 -^^^ 

From an old print. 
William Hooper, signer of the Declaration of Independence . 540 
From the engraving bv Williams, published by Van Noppcn 
in the "Biographical Historv of North Carolina after a 
copy by Lambdin of the original by Trumbull. The Lamb- 
din copy is in Independence Hall. 



MAPS AND ILLUSTRATIONS xxiii 

Joseph Hewes, signer of the Declaration of Independence . . 540 
From the drawing by J. B. Longacre from an original por- 
trait published in Sanderson's "Lives of the Signers." 

John Penn, signer of the Declaration of Independence . . . 540 
From the engraving by H. B. Hall from a drawing in the 
collection of Dr. Thomas Addis Emmett, now in New York 
Public Library. 

Samuel Johnston, president of the Halifax Congress of April, 

1776 540 

From an original portrait by James Peele, owned by the 
State of North Carolina. 

Robert Howe, major-general in the Revolutionary War . . 571 
From a half-tone in Davis's "History of the Cincinnati in 
North Carolina," from a very old and faded picture found in 
New York by Mr. Marshall De Lancey Haywood and 
marked "Gen. Howe, American." 

Maurice Moore, Colonial lawyer, politician and judge . . . 571 
From the Rosenthal etching from an original miniature in 
the Hall of History. 

Abner Nash, Governor, 1780-81 571 

From the Rosenthal etching from an original in the Hall 
of History. 

Alexander Martin, Governor of North Carolina, 1781-85 . . 571 
From the Rosenthal etching from a portrait in oil owned by 
the estate of the late Colonel James Martin of Winston- 
Salem, N. C. 

General Joseph Graham, Revolutionary patriot 629 

From a copy of an oil painting from life by Sully, the copy 
now owned by Hon. A. W. Graham, Oxford, N. C. 

Colonel William Polk, Revolutionary patriot 629 

From an engraving on steel by William Sartain, published 
in Polk's "Leonidas Polk." 

Colonel Joseph McDowell, Quaker Meadows, Revolutionary 

patriot 629 

From an engraving by Hollyer, published in Draper's 
"King's Mountain." 

Colonel Joseph Winston, Revolutionary patriot 629 

From an etching on copper by J. R. Stuart, from an original 
etching in gold on glass, published in Draper's "King's 
Mountain." 

Horatio Gates, American officer defeated at Camden .... 648 
From a mezzotint in the Weeks Collection, published by 
John Morris, London, 1778. 

Charles, First Marquis Cornwallis, victor at Camden .... 648 
From the engraving by Holl after the painting by Hoppner 
which appears in his "Correspondence," edited by Ross, 
London, 1859. 

Banastre Tarleton, British officer defeated at Cowpens . . . 648 
From an etching by Max Rosenthal from a print by Blackberd 
in the Collection of Charles R. Hildeburn. 

Daniel Morgan, victor at Cowpens 648 

From the engraving by Prud'homme after Herring's draw- 
ing from Trumbull's sketch. 



XXIV 



MAPS AND ILLUSTRATIONS 



Nathanael Greene, Major-General in the American army, victor 

at Guilford C. H. "... 658 

From the portrait engraved by Naegle and published in 
Caldwell's "Greene," Philadelphia, 1819. 

Battlefield of Guilford Court House, March 15. 1781 . . . , 658 
From a photograph of the field as it now appears, showing 
memorial arch to Davidson and monument to Penn in fore- 
ground and memorial arch to Nash in background — looking 
east toward the American position. 




THE 

NEW YORK 
PUBLIC LliRARYi 

\^ Aster, Leo&K mi rildm , 
Foun<(nti»n», 
7909 




Sir Walter Raleigh 



HISTORY OF NORTH CAROLINA 

THE FIRST EPOCH— 1584-91 
RALEIGH'S EXPLORATIONS AND COLONIES 



CHAPTER I 
Contemporaneous Documents 

Extracts from contemporaneous writings relative to the discovery 
of Virginia. — Explorations. — Localities. — Attempted settlements at 
Roanoke, and the fate of the Lost Colonj'. — The Croatans. 

[Richard Hakluyt, a lecturer on geography at Oxford, began 1584 

about the year 1580 to devote himself particularly to a study of the ""^ 

geography of America, collecting all manuscript accounts of voyages 
to that unknown country, translating and publishing them. In 1598 
he gave to the world his greatest work, "The Principal Navigations, 
Voyages, Traffiques and Discoveries of the English Nation" (London, 
1598-1600, three volumes). In the third volume of this valuable 
collection are found the reports and narratives of those concerned in 
Sir Walter Raleigh's explorations and colonies in Virginia. The 
author has made such cxlracts from them as are of particular interest 
in connection with this work.] 

THE FIRST VOYAGE 
Made to the Coasts of America, with Two Barks, Wherein Were 

Captains 

M. PHILIP AAIADAS 

and 

M. ARTHUR BARLOW, 

Who Discovered Part of the Country now Called 

VIRGINIA, 

Anno 1584. 

Written by One of the Said Captains and Sent to Sir Walter 

Ralegh, Knight, at Whose Charge and Direction the 

Said Voyage Was Set Forth. 



CONTEMPORANEOUS DOCUMENTS 



'584 [This account' was written by Barlow, and as it is addressed to 

'^'~ Sir Walter Raleigh, its preparation was completed after Raleigh was 

knighted, which was subsequent to the return of the expedition.] 



Extracts 



Barlow's 
Narrative, 
Hakluyt, 
III, 301 



See also 
Goldsmid's 
edition of 
HaUluyt, 
Early 
English 
Voyages, 
II, 169 
ei seg. 



The 27th day of April in the Year of our Redemption 1584, 
we departed from the west coast of England with two barks well 
furnished with men and victuals. 

The second of July we found shoal water . . . and keeping good 
watch and bearing but slack sail, the fourth of the same month 
we arrived upon the coast, which we supposed to be a continent 
and firm land, and we sailed along the same a hundred and twenty 
English miles before we could find any entrance or river issuing 
into the Sea. 

The first that appeared to us we entered, though not without 
some difficulty, and cast anchor about three harquebus-shot within 
the haven's mouth, on the left hand of the same ; and after thanks 
given to God for our safe arrival thither, we manned our boats 
and went to view the land next adjoining and to take possession 
of the same, in the right of the Queen's most excellent Majesty, as 
rightful Queen and Princess of the same, and after delivered the 
same over to your use according to her Majesty's grant and letters 
patent under Her Highness' great seal. Which being performed 
according to the ceremonies used in such enterprises, we first landed, 
very sandy and low towards the water side, but full of grapes, etc. 
We passed from the seaside towards the tops of those hills next 
adjoining, but being of mean height, and from thence we beheld 
the sea on both sides to the North and to the South, finding no end 
any of both ways. This land lay stretching itself to the West, 
which after we found to be but an island twenty miles long and 
not above six miles broad. 

We remained by the side of this island two whole days before 
we saw any people of the country: the third day we espied one 
small boat rowing towards us, having in it three persons. This 
boat came to the island side, four harquebus-shot from our ships: 
and there two of the people remaining, the third came along the 
shore side towards us, and we being then all within board, he walked 
up and down the point of the land next to us. . . . They are of 
colour yellowish, and their hair black for the most part: and yet 
we saw children that had very fine auburn and chestnut coloured 
hair. 

The next day there came unto us divers boats, and in one of 
them the King's brother accompanied by forty or fifty men. . . . 



X 




First Map of I 
(From the lohn 




H Carolina 

e Drawings) 



VOYAGE OF AM ADAS AND BARLOW 



His name was Granganimeo, and the King is called Wingina, the ^ 

country Wingandacoa. 

After they had been divers times aboard the ships, myself and 
seven more went twenty miles into the river that runs towards 
the city Skicoak, which river they call Occam; and the following 
evening we came to an island which they call Roanoak, distant 
from the harbor by which we entered seven leagues :* and at the 
north end thereof, there was a village of nine houses built of 
cedar and fortified round about with sharp trees to keep out their 
enemies, and the entrance into it made like a turnpike ; when we 
came towards it, standing near into the water's side, the wife of 
Granganimeo, the King's brother, came running to meet us very 
cheerfully and friendly. . . . 

Beyond this island is the mainland ; and over against this island, 
falls into this spacious water, the great river called Occam by the 
inhabitants, on which stands a town called Pomeiock, and six days' 
journey from the same is situated their greatest city called Skicoak. 

Into this river falls another great river, called Cipo. . . . Like- 
wise there descendeth into this Occam, another river called Nomo- 
pana ; on the same side thereof stands a great town called Choanook, 
and the lord of that town and country is called Pooneno. This 
Pooneno is not subject to the King of Wingandacoa. 

Beyond this country is there another king whom they call Mena- 
tonon. Towards the Southwest, four days' journey, is situated a 
town called Sequotan, which is the Southernmost town of Wingan- 
dacoa, near unto which six and twenty years past there was a 
ship cast away, whereof some of the people were saved, and those 
were white people, whom the country people preserved. And after 
ten days remaining in an out island, uninliabitcd, called Wocokon, 
with the help of some of the dwellers of Sequotan, fastened two 
boats of the country together and made masts unto them and 
sails of their shirts and departed. . . . Adjoining to this country 
aforesaid, called Sccotan, begins a country called Pomouik, belonging 
to another king whom they called Piamacum ; and this king is in 
league with the next king adjoining towards the setting of the sun, 
and the country Newsiok, situate upon a river called Neus ; and 
these kings have mortal war with Wingina, King of Wingandacoa. 

When we first had sight of this country, some thought the first 
land we saw to be the continent, but after we entered into the haven 
we saw before us another mighty long sea ; for there lieth along 
the coast a tract of islands, two hundred miles in length, adjoining 
to the sea, and between the islands, two or three entrances. When 
you entered between them f these islands being very narrow for 

*Twenty-one miles. 



1584 



CONTEMPORANEOUS DOCUMENTS 



the most part, as in most places six miles broad, in some places, less; 
in few, more,) then there appeared another great sea, containing 
in breadth in some places forty, and in some fifty, in some twenty 
over, before you come unto the continent; and in this enclosed sea 
are above a hundred islands of different bignesses, whereof one is 
sixteen miles long. . . . 



[After remaining in this new country about six weeks making 
discoveries, and establishing friendship with the natives, these ex- 
plorers, highly delighted, set sail for England accompanied by two 
Indians, Wanchese and Manteo, and arrived at home about the 
middle of September.] 



THE VOYAGE 

made by 

SIR RICHARD GREENVILLE 

for 

SIR WALTER RALEGH 

to 

VIRGINIA 

in the year 1585 



1585, . 

Grenville's 
Narrative, 
Hakluyt, 
111,307 



32 men at 
Croatoaii 
30 days 



Extracts 

The ninth day of April 1585, we departed from Plymouth, our 
fleet consisting of the number of seven sails ; the Tiger, the Roe- 
buck, etc. 

The 23d of June we were in great danger of a wreck on a breach 
called the Cape of Fear. The 24th we came to anchor in a harbor ; 
the 26th we came to anchor at Wocokon. The 29th we weighed 
anchor to bring the Tiger into harbor, where through the unskill- 
fullness of the master whose name was Fernando, the Admiral 
struck on ground and sunk. The 3d day of July we sent word of 
our arrival at Wocokon to Wingina at Roanoak. 

The 6th, Master John Arundall was sent to the main and Manteo 
with him ; and Captain Autry and Captain Boniton the same day 
were sent to Croatoan, where they found two of our men left there 
with thirty others by Captain Raymond twenty days before. The 
8th Captain Autry and Captain Boniton returned with two of our 
men, found by them, to us at Wocokon. 

The nth day, the General accompanied by divers gentlemen in 



G RENVILLE'S VOYAGE 



his tilt boat; Master Lane with twenty others in the new pinnace; 1585 

Captain Amadas with ten others in a ship-boat, and Francis Brook 
and John White in another ship boat, passed over the water from 
VVocokon to the mainland, victnalled for eight days; in which voyage 
wc first discovered the towns Pomeiok, Aquascogok and Secotan; 
and also the great lake called by the savages Paquique. 

On the I2th, wc came to Pomeiok : the 13th we passed by water 
to Aquascogok: the 15th we came to Secotan: the i6th we returned 
thence, and one of our boats with the Admiral was sent to Aquas- 
cogok to demand a silver cup, which one of the savages had stolen 
from us, and not receiving it according to his promise, we burned 
and spoiled their corn, all the people being fled. 

The i8th, we returned from the discovery of Secotan, and the 
same day came aboard our fleet riding at Wocokon. 

The 2ist, our fleet anchoring at Wocokon, we weighed anchor 
for Hatorask. 

The 27th, our fleet anchored at Hatorask and there we rested. 

The 29th, Granganinieo, brother to Wingina, came aboard the 
Admiral and Manteo with him. 

The 2d of August the Admiral was sent to Weapomeiok. 

The 5th Master Arundell was sent for England. 

The 25th our General weighed anchor and set sail for England, 
leaving one hundred and seven men under the government of 
Master Ralph Lane. 



AN ACCOUNT 
Of The Particulars Of The Employments Of 

THE ENGLISHMEN 
Left in Virginia by 

RICHARD GRANVILLE, 

Under the Charge of 

MASTER RALPH LANE, 

General of the Same ; 

From the 17th of August, 1585, until the 18th of June, 1586, 

At Which Time They Departed the Country. 

Sent and Directed to 

SIR WALTER RALEGH. 



CONTEMPORANEOUS DOCUMENTS 



1^^ First, therefore, touching the peculiarities of the country, you shall 

understand that our discovery of the same has been extended from 

,58,.^ Roanoak (the same having been the place of our settlement or 

Account, inhabitation) into the South, into the North, into the Northwest 

Hakliiyt, and into the West. 

'^ The uttermost place to the southward of any, Secotan, being 

from estimation four score miles distant from Roanoak. The pas- 
sage from thence was through a broad sound within the main, the 
same being without kenning land and yet full of Hats and shoals. 

To the Northward our fartherest discovery was to the Chesipeans, 
distant from the Roanoak about one hundred and thirty miles ; the 
passage to it was very shallow and most dangerous. . . . 

There be sundry Kings whom they call Weroances, and countries 
of great fertility, as the Mandoages, Tripanicks and Opossians, which 
all came to visit the Colony of the English, which I had for a time 
appointed to be residents there. 

To the Northwest, the fartherest place of our discovery, was to 
Chawanook, distant from Roanoak of about one hundred and thirty 
miles. Our passage thither lay through a broad sound, but all fresh 
water; and the channel of great depth. The towns about the water's 
side, situated by the way, are the following: Passaquenoke, "the 
woman's town," Chepanoc, Weapomeiok, Muscamunge, and Metack- 
wem, all those being under the jurisdiction of the King of Wea- 
pomeiok, called Okisco. From Muscamunge, we entered into the 
river and the jurisdiction of Chowanook : there the river begins 
to straighten until it comes to Chowanook and then growcth to be 
as narrow as the Thames between Westminster and Lambeth. 

Between Muscamunge and Chowanook, upon the left hand as wc 
pass thither, is a goodly highland, and there is a town which we 
call the blind town, but the Savages call it Ohanoak. It has a 
very goodly cornfield belonging to it. It is subject to Chowanook. 
Chowanook itself is the greatest province and seignory lying upon 
that river, and the very town itself is able to put seven hundred 
fighting men into the field, besides the forces of the province itself. 

1586 The King of the said province is called Menatonon. In March 1586, 

amongst other things he told me that going a three days' journey 
in a canoe, and then descending to the land, you are within four 
days' journey to pass over land Northeast to a certain King's country 
whose province lays upon the Sea. . . . Very near ( Chowanook) 
directly from the West runs a most notable river, and in all these 
parts most famous, called the river Moratoc. This river opens 
into the broad sound of Weapomeiok : and whereas the river 
■ Chowanook, and all the other sounds and bays, salt and fresh, show 
no current in the world in calm weather, but are moved alto- 



LANE'S ACCOUNT 



gether with the wind, this river of Moratoc lias so violent a current 
from the West and Southwest, that it made one ahiiost of opinion 
that with oars it would scarcely be navigable. 

On the 8th day of June came advertisement to me from Captain 
Stafford, lying at my Lord Admiral's Island, that he had discovered 
a great fleet of three and twenty sails, but whether they were 
friends or foes, he could not yet discern. He advised me to stand 
upon as good guard as I could. The Qth of the same month he 
himself came unto me, having that night before and that same 
day travelled by land twenty miles. He brought me a letter from 
the General, Sir Francis Drake. The tenth day he arrived in the 
road of our bad harbor; and coming there to anchor on the eleventh 
day, I came to him. 



1586 



[The above account was written by Lane. On the 19th of June, 
1586, the whole colony embarked in the fleet of Sir Francis Drake 
and arrived in Portsmouth on the 27th of July. Among the col- 
onists was Thomas Hariot, who wrote and published an extended 
account of the natural productions of Virginia, and of the nature 
and manners of the people inhabiting there. Pliili]) Amadas was 
deputy governor and admiral of the country. Thomas Cavendish 
was al=o one of the colonists. Extracts from Drake's narrative 
fo low.] 



Drake's narrative, 1586 

The 9th of June, upon sight of one special great fire (which are „, 
very ordinary all along this Coast even from the Cape of Florida Drake's 
hither) the General sent his skiff to the shore where they found H.iwks' ' 
some of our English countrymen, (that had been sent thither the Nonh°^ 
year before by Sir Walter Raleigh) and brought one aboard, by Carolina, I, 
whose direction we proceeded along to the place which they make ^^ 
their port. But some of our shipps being of great draught, unable 
to enter, we anchored all without the harbor in a wild road at Sea, 
about two miles from the shore. From whence the General wrote 
letters to Master Ralph Lane, being Governor of those English in 
Virginia and then at his fort, about six leagues from the road, 
in an island which they call Roanoak : wherein especially he showed 
how ready he was to supply his necessities and wants which he 
understood of, by those he had first talked withall. 

The morrow after. Master Lane himself and some of his Com- 
pany coming unto him, with the consent of his Captains, he gave 
them the choice of two offers, that is to say: either he would leave 
a ship, pinnace and certain boats, v.ith sufficient masters and 
mariners, together furnished with a month's victual, to stay and make 



8 CONTEMPORANEOUS DOCUMENTS 

^^^ further discovery of the country and coasts, and so much victual 

likewise that might he sutilicient for the bringing of them all (being 
one hundred and three persons) into England, if they thought good 
after such time, with any other thing they would desire, or that 
he might be able to spare ; or else, if they had made sufficient 
discovery already, and did desire to return unto England, he would 
give them passage. But they, as it seemed, being desirous to stay, 
accepted very thankfully and with great gladness, that which was 
offered first. Whereupon the ship being appointed and received into 
charge by some of their own company sent into her by Master Lane, 
before they had received from the rest of the fleet the provision 
appointed them, there arose a great storm (which they said was 
extraordinary and very strange) that lasted three days together, 
and put all our fleet in great danger to be driven from their anchor- 
ing upon the coast. Eor we broke many cables and lost many 
anchors: and some of our ileet which had lost all (of which num- 
ber was the ship appointed for ]Master Lane and his Company) was 
driven to put to Sea in great danger, in avoiding the coast and 
could never see us again until we met in England. I\Iany also of our 
small pinnaces and boats were lost in this storm. Notwithstanding 
all this, the Generall offered them (with consent of his Captains) 
another ship, with some provisions, although not such a one for 
their turns as might have been spared before, this being unable 
to be brought into their harbor. 

Or else, if they would, to give them passage into England, 
although he knew he should perform it with greater difficulty than 
he might have done before. 

[A few days after their departure Sir Richard Grenville with his 
relief ships arrived, but finding the colony gone, left fifteen men in 
the fort to hold possession.] 



THE FOURTH VOYAGE 

Made to 

VIRGINIA, 

With Three Ships, In The Year 

1587. 



Wherein was Transported the Second Colony. 



WHITE'S NARRATIVE 



Extracts from White's narrative 1587 

[This is an account of the arrival in Virginia of the Lost Colony.] 

In the year of Our Lord 1587, Sir Walter Raleigh, intending to 1587, 

persevere in the planting of his country of Virginia, prepared a new Narratfve 

Colony of one hundred and fifty men to be sent thither, under the |1j'^'"_y'' 



charge of John White, whom he appointed Governor, and also 
appointed under him twelve Assistants, unto whom he gave a charter, 
and incorporated them by the name of Governor and Assistants of 
the "Citie of Raleigh in Virginia." 

Our fleet being in number three sails, namely, the Admiral (the 
Lion), a ship of one hundred and twenty tons, a fly-boat, and a 
pinnace, departed the six and twentieth of April from Portsmouth. 
The eighth of May, we weighed anchor at Plymouth and departed 
for Virginia. The sixteenth, Simon Ferdinando, Master of our 
Admiral, lewdly forsook our fly-boat, leaving her distressed in the 
bay of Portugal. . . . About the sixteenth of July we fell in with 
the main of Virginia, which Simon Ferdinando took to be the Island 
of Croatoan, where we came to anchor, and rode there two or three 
days; but finding himself to be deceived, he weighed and 
bare along the coast, where in the night, had not Captain Stafford* 
been more careful in looking out than our Simon Ferdinando, we 
had been all cast away upon the breach, called the Cape of Fear; 
for we were come within two cables length upon it; such was the 
carelessness and ignorance of our Master. The two and twentieth 
of July w'e arrived safe at Hatorask, where our ship and pinnace 
anchored ; the Governor went aboard the pinnace, accompanied with 
forty of his best men, intending to pass up to Roanoke forthwith, 
hoping there to find those fifteen Englishmen, whom Richard Green- 
ville had left there the year before, with whom he meant to have 
some conference concerning the state of the coimtry and savages, 
meaning after he had done so to return again to the fleet, and pass 
along the coast to the bay of Chesepiok. where we intended to 
make our seat and fort, according to the charge given us, among 
other directions in writing, under the hand of Sir Walter Raleigh ; 
but as soon as we were put with our pinnace from the ship, a 
gentleman by the means of Ferdinando, who was appointed to return 
for England, called to the sailors in the pinnace, charging them not 
to bring any of the planters back again, but to leave them in the 
island, except the Governor and two or three others as he approved ; 
saying that the Summer was far spent, wherefore he would land 
all the planters in no other place. Unto this were all the sailors 

*In the pinnace. 



340 



lo CONTEMPORANEOUS DOCUMENTS 

'587 both in the pinnace and ship persuaded by the Master, wherefore 

it booted not the Governor to contend \vith them, but passed to 
Roanoke, and the same night at sunset went aland on the island, 
in the place where our fifteen men were left, but we found none 
of them nor any sign that they had been there, saving only we found 
the bones of one of those fifteen, which the savages had slain long 
before. . . . The same day order was given that every man should 
be employed for the repairing of those houses which we found 
standing, and also to make other new cottages for such as should 
need. 

The 25th, our fly-boat and the rest of our planters arrived all safe 
at Hatorask, to the great joy and comfort of the whole company. 

. . . The eighth and twentieth George Howe, one of our twelve 
Assistants, was slain by divers savages, which were come over to 
Roanoak, either of purpose to espy our company, and what number 
we were, or else to hunt deer, whereof were many in the island. . . . 
On the thirtieth of July, Master Stafford and twenty of our men 
passed by water to the Island of Croatoan with Alanteo, who had 
his mother and many of his kindred dwelling in that island, of whom 
we hoped to understand some news of our fifteen men, but especially 
to learn the disposition of the people of the country towards us, and 
to renew our old friendship with them. . . . We also understood of 
the men of Croatoan that our man. Master Howe, was slain by the 
remnant of Wingina's men. dwelling then at Dasamonquepeuc, with 
whom Wanchese kept company ; and also we understood by them 
of Croatoan, how that the fifteen Englishmen left at Roanoak the 
year before, by Sir Richard Greenville, were suddenly set upon by 
thirty of the men of Secota, Aquoscogoc, and Dasamonquepeuc. . . . 

christened The 13th of August, our savage Manteo, by the commandment of 

^8^" '^' Sir Walter Raleigh, was christened in Roanoak, and called Lord 

thereof and of Dasamonquepeuc, in reward of his faithful service. 

Virginia -phg jgtl^ [of Augustl Eleanor, daughter to the Governor, and 

Dare, born ^ • ji-jr 

August wife to Ananias Dare, one of the Assistants, was delivered oi a 

18, 1587 daughter in Roanoak, and the same was christened there the Sunday 

following, and because this child was the first Christian born in 
Virginia, she was named Virginia. By this time our ships had. 
unladened the goods and victuals of the planters, and began to take 
in wood and fresh water, and to new caulk and trim them for 
England ; the planters also prepared their letters and tokens to send 
back into England. ... At this time some controversies arose 
between the Governor and Assistants about choosing two out of the 
twelve Assistants, which should go back as factors of the company 
into England ; the next day, the 22d of August, the whole company, 
both of the Assistants and planters, came to the Governor, and with 



« 
* 



WHITE'S NARRATIVE 



II 



one voice requested him to return himself into England for the 
better and sooner of obtaining supplies and other necessaries for 
them ; but he refused it, and alledged many sufficient causes why 
he would not. . . . Also he alledged, that seeing they intended to 
remove fifty miles further up into the main presently, he being then 
absent, his stuff and goods might be both spoiled, and most of them 
pilfered away in the carriage. . . . 



1587 



To remove 
fifty miles 
in the 
interior 



[Eventually White was persuaded to return to England. On =7 Aug., 
the seventh and twentieth of August the admiral and the fly-boat '^ ^ 
weighed anchor and set sail for England, where they arrived in 
November. The pinnace remained in the sound.] 

The names of all the men, women and children which safely 
arrived in Virginia and remained to inhabit there 1587. 



John White 


John Bright 


Hugh Pattenson 


White's 


Roger Bailey 


William Button 


Martin Sutton 


L\ tin ti Live 


Ananias Dare 


JMaurice Allen 


John Farre 




Chrystopher Cooper 


William Waters 


John Bridger 




Thomas Stevens 


Richard Arthur 


Griffin Jones 




John Sampson 


John Chapman 


Richard Shabedge 




Clement Taylor 


William Clement 


James Lasie 




William Sole 


Robert Little 


John Cheven 




John Cotsmur 


Hugh Tayler 


Thomas Hewet 




Humphrey Newton 


Hugh Wildye 


William Berde 




Thomas Colman 


Lewes Wotton 


Henry Brown 




Thomas Gramme 


Michael Bishop 


Richard Tompkins 




Thomas Butler 


Henry Rufoote 


Charles Florrie 




Edward Powell 


Henry Dorrell 


Henry Payne 




John Burdon 


Henry Mylton 


William Nichols 


Names of 


James Hinde 


Thomas Harris 


John Borden 


colonists 


Thomas Ellis 


Thomas Phevens 


Michael Myllet 




William Browne 


Mark Bennett 


Thomas Smith 




Dionys. Harvie 


John Gibbes 


Richard Kemme 




Roger Pratt 


John Stillman 


Thomas Harris 




George Howe 


Robert Wilkinson 


Richard Taverner 




Simon Fernando 


John Tydway 


John Earnest 




Nicholas Johnson 


Ambrose Viccars 


Henry Johnson 




Thomas Warner 


Edmund English 


John Starte 




Anthony Cage 


Thomas Topan 


Richard Darige 




John Jones 


Henry Berry 


William Lucas 




William Willes 


Richard Berry 


Arnold Archand 




John Brooke 


John Spendlove 


John Wright 




Cuthbert White 


John Hemington 


Thomas Scott 





12 



CONTEMPORANEOUS DOCUMENTS 



'587 John Wyles 

George Martyn 
Peter Little 
Bryan Wyles 

Women 

Eleanor Dare 
Margery Harvie 
Agnes Wood 
Winifred Powell 
Joyce Archard 
Jane Jones 
Elizabeth Glane 
Jane Pierce 
Audry Tappan 



Alice Chapman 
Enmia Merimoth 

Colman 

Margaret Lawrence 
Joan Warren 
Jane ■Mannering 
Rose Payne 
Elizabeth Viccars 

Boys and Children 

John Sampson 
Robert Ellis 
Ambrose Viccars 
Robert Archard 
Thomas Humphrey 



Thomas Smart 
George Howe 
John Pratt 
William Wythers 

Children born in Vir- 
ginia 

Virginia Dare 
Harvie 

Savages that were in 
England, and re- 
turned home to 
Virginia with them 

Manteo Towaye 



[Although this list purports to embrace the names of those who 
remained in Virginia, yet John White and Simon Ferdinando re- 
turned to England, and George Howe was murdered before White's 
departure. Neither physician nor minister is mentioned as such, 
yet doubtless this colony was accompanied by a minister, as Manteo 
and Virginia Dare were "christened."] 



THE FIFTH VOYAGE 

of 

M. JOHN WHITE 

into the 
WEST INDIES 

and parts of America called 

VIRGINIA 

in the Year 1591 

[This narrative was communicated to Hakluyt in February, 1593. 
and printed by him in 1598-] 

On the 20th of March, the three ships, Hopewell, the John 
Evangelist and the Little John put to Sea from Plymouth with two 
small shallops. . . . 

The third of August, we stood again in for the shore, and at 
midday we took the height of the same. The height of that place 



WHITE'S VOYAGE OE 1391 13 

we found to be 34 degrees of latitude. Towards night we were 'Sqi 

within three leagues of the low sandy islands of Wokokon. 

On Monday, the gth of August, the storm ceased and we had 
very great likelihood of fair weather. Therefore we stood in again 
for the shore, and came to anchor at eleven fathoms in 35 degrees 
of latitude, within a mile of the shore, when we went on land on ^^g., 1591. 
the narrow sandy island, being one of the islands west of Wokokon. iy^""''? 

' o Narrative, 

Between the main, as we supposed, and that island, it was but a Hakluyt, 
mile over, and three or four feet deep in most places. On the ' ^^° 
I2th in the morning we departed from thence, and towards night 
we came to anchor at the Northeast end of the island of Croatoan, 
by reason of a breach which we perceived to be out two or three 
leagues into the Sea : here we rode all that night. This breach 
is in 355^4* degrees and it lays at the very Northeast point of Croa- 
toan where goes a part out of the main Sea into the inner waters, 
which part the island from the main land. 

The 15th of August, towards evening we came to an anchor at 
Hattorask in 363/^ degrees, in five fathoms of water, three leaguesf 
from the shore. At our first coming to anchor on this shore we 
saw a great smoke rise in the Isle Roanoak, near the place where 
I left our Colony in the year 1587, which smoke put me in good hopes 
that some of the Colony were there expecting my return out of 
England. 

The i6th and next morning, our two boats went ashore and 
Captain Cooke and Captain Spicer and their Company with me, with 
intent to pass to the place at Roanoak, where our countrymen 
were left. . . . But before we were half way between our ship 
and the shore, we saw another great smoke to the Southwest of 
Kindrick's Mounts :' we therefore thought good to go to that second 
smoke first. But that which grieved me more, was that when we 
came to that smoke, we found no man, nor sign that any had been 
there lately, nor yet any fresh water in all this way to drink. 

Being thus wearied with this journey, we returned to the harbor 
where we left our boats, who in our absence had brought their 
casks ashore for fresh water. So we deferred our journey to Roa- 
noak till next morning, and caused some of those Sailors to dig in 
the sand hills for fresh water, whereof we found very sufficient. 
That night we returned aboard with our boats and our whole 
Company in safety. The next morning it was 10 o'clock aforenoon 
before we put from our ships, which were then come to an anchor 
within two miles of the shore. The Admiral's boat first passed 
the breach but not without some danger of sinking. For at this 

♦Really about 35°. tNine miles. 



14 CONTEMPORANEOUS DOCUMENTS 



1591 time the wind blew at Northeast and direct into the harbor so 

great a gale that the Sea broke extremely on the bar and the tide 

went very forcibly at the entrance. Captain Spicer came to the 

entrance of the breach with his mast standing up and was half 

passed over, but by the rash and indiscreet steerage of Ralph Skinner. 

his master's mate, a very dangerous sea broke into their boat and 

overset them quite. There were eleven in all ; seven of the chiefest 

were drowned : among them. Captain Spicer and Ralph Skinner. . . . 

Our boats and all things filled again, we put off from Hattorask, 

being the number of nineteen persons in both boats. But before we 

could get to the place where our planters were left, it was so 

exceedingly dark that we overshot the place a quarter of a mile, 

where we espied towards the North end of the island, the light of 

a great fire through the woods, to the which we presently rowed. 

When we came right over against it, we let fall our grapnel near 

the shore, and sounded with a trumpet a call, and afterwards many 

familiar English tunes of songs, and called to them friendly; but we 

had no answer. We therefore landed at daybreak, and coming to the 

fire, we found the grass and sundry rotten trees burning about the 

place. From thence, we went through the woods to that part of the 

island directly over against Dasamonquepeuc ; and from thence we 

returned by the water side, round about the North point of the island 

until we came to the place where I left our Colony in the year 1586. 

In all this way, we sav.' in the sand the print of the Savages' feet 

of two or three sorts trodden in the night : and as we entered 

upon the sandy banks, upon a tree, in the very brow thereof, were 

letters curiously carved these fair Roman letters, "C. R. O." which letters 

' C. R. O. ' presently we knew to signify the place where I should find the 

planters seated, according to a secret token agreed upon between 

them and me at my last departure from them ; which was that in 

any way they should not fail to write or carve on a tree or posts 

of the doors the name of the place where they should be seated ; 

for at my coming away, they were prepared to remove from Roanoak 

fifty miles into the main. 

Therefore at my departure froni them in Anno 1587. I willed them 
that if they should happen to be distressed in any of those places, 
that then they should carve over the letters or name a -|- in this form. 
But we found no such sign of distress. And having well considered 
of this, we passed toward the place where they were left in sundry 
houses ; but we found the houses taken down and the place very 
strongly enclosed, with a high palisade of great trees, with curtains 
and flankers very fort-like; and one of the chief trees or posts at 
the right side of the entrance had the bark taken off and five feet 
"Croatoan" fj.Qj^ ^j^g ground in fair capital letters was graven "Croatoan," 



WHITE'S VOYAGE OF 1391 15 

without any cross or sign of distress. This done, we entered into '59' 

the palisade, where we found many bars of iron, two pigs of iron ; 

four iron fowlers ; iron locker shot, and such like heavy things, 

thrown here and there, almost overgrown with grass and weeds. 

From thence, we went along the water side, towards the point of 

the Creek, to see if we could find any of their boats or pinnaces, 

but we could perceive no sign of them nor any of the last falcons 

or small ordnance which were left with them at my departure 

from them. 

At our return from the Creek, some of our sailors meeting us, 
told us that they had found where divers chests had been hidden, 
and long sithence digged up again and broken up, and much of 
the goods spoiled and scattered about, but nothing left of such 
things as the Savages knew any use of undefaced. Presently 
Captain Cooke and I went to the place, which was in the end of 
our old trench made two years past by Captain Amadas — where we 
found five chests that had been carefully hidden of the planters, 
and of the same chests three were my own : and about the place 
many of my things spoiled and broken, and my books torn from 
the covers, the frames of some of my pictures and maps rotten and 
spoiled with rain, and my armour almost eaten through with rust. 
This could be no other than the deed of the Savages, our enemies 
at Desamonquepeuc, who had watched the departure of our men 
to Croatoan, and as soon as they were departed, digged by every 
place where they suspected anything to be buried, but although it 
much grieved me to see such sport of my goods, yet on the other 
side, I greatly joyed that I had surely found a certain token of 
their safe being at Croatoan. which is the place where Manteo was 
born and the Savages of the island our friends. 

When we had seen so much of this place as we could, we returned 
to our boats, and departed from the shore towards our ships with 
as much speed as we could, for the weather began to be overcast 
and very likely that a foul and stormy night would ensue. There- 
fore, the same evening, with much danger and labor, we got our- 
selves aboard. . . . 

The next morning it was agreed by the Captain and myself with 
the master and others, to weigh anchor and go for the place at 
Croatoan where our planters were, for that then the wind was 
good for that plan, and also to leave that cask with fresh water on 
shore on the island until our return. So then they brought the 
cable to the capstan, but when the anchor was almost apeak the 
cable broke, by means whereof we lost another anchor, wherewith 
we drove so fast unto the shore that we were forced to let fall a 
third anchor, which came so fast home that the ship was almost 



t6 contemporaneous documents 

i6o3 aground by Kenrick's Mounts ; so that we were forced to let slip 

the cable end for end. And if it had not chanced that we had 
fallen into a channel of deeper water close by the shore than we 
accounted of, we could never have gone clear of the point that 
lies to the Southward of Kenrick's Mouiits. 
Colonists It was therefore determined that all should go for St. John or 

abandoned ^^^^ ^^j^^j. island to the Southward for fresh water. And it was 
further proposed that if we could any ways supply our wants of 
victuals and other necessaries either at Hispaniola, St. John or 
Trinidad, that then we should continue in the Indies all winter 
following, with hope to make two rich voyages of one, and at our 
return, to visit our Countrymen at Virginia. 

The Captain and the whole Company in the Admiral (with my 
earnest petitions) thereunto agreed, so it rested only to know what 
the master of the Moonlight, our consort, would do therein. But 
when we demanded them if they would accompany us in that new 
determination, they alledged that their weak and leaky ship was 
not able to continue it, wherefore the same night we parted, leaving 
the Moonlight to go directly to England, and the Admiral set his 
course for Trinidad, which course we kept for two days. 

[Later they changed their course and went after the Spaniards, 
and after many adventures finally reached Plymouth October 24th.] 

References to the colony, 1591-1709 

Letter of Sir Whereas as I wrote unto yow in my last that I was goun to 

Walter Weymouth to speak with a pinnes of mine arrived from Virginia, 

Sir Robert I found this bearer, Captayne Gilbert, ther also, who went on the 

'^'^'' same voyage. But myne fell 40 leaugs to the west of it, and this 

bearer as much to the east ; so as neither of them spake with the 

peopell. But I do sende both the barks away agayne, having saved 

the charg in sarsephraze woode ; but this bearer bringing sume 

2200 waight to Hampton, his adventurers have taken away their 

Aiig.2i,i6o2 parts and brought it to London. I do therefore humblie pray yow 

Kdwards' ^q ^^^^j .yvithe my Lord Admirale for a letter to make seasure of 

Life of •' 

Raleigh, all that which is come to London, either by his Lordship's octoretye 
or by the Judge : because I have a patent that all shipps and goods 
are confiscate that shall trade their without my leve. And whereas 
Sassaphraze was worth los., 12s. and 20s. per pound before Gilbert 
returned, his cloying of the market, will overthrow all myne and 
his own also. He is contented to have all stayde : not only for 
this present ; but being to go agayne, others will also go and destroy 
the trade, which otherwi.se would yield 8 or 10 for one, in certainty 
and a return in XX weeks. . . . 



11,25. 



STRACHEY'S TRAVAILE INTO VIRGINIA 



17 



I beseich vow, favor our riglit : and vow shall see what a prety, 
honorabell and sauf trade wee will make. 

Yours ever to serve yow, 

W. Ralegh. 

[William Strachey was secretary of the colony of Virginia, and 
his "Historie of Travaile into Virginia Britannia" was apparently 
written after the colony had been seated at Jamestown six years — 
in 1613.] 



1613 



The men, women and children of the first plantation at Roanoke 
were by practize and commandment of Powhatan (he him- 
self persuaded thereunto by his priests) miserably slaughtered, with- 
out any offense given him, either by the first planted (who twenty 
and od j'ears had peaceably lyved intermyxed with those Savages 
and were out of his territory) or by those who nowe are come to 
inhabit some parte of his desarte lands. 

Southward they [Newport's exploring party] went to some parts 
of Chowanook and the Mangoangs, to search there those left by 
Sir Walter Raleigh, which parts — to the towne of Chesepeak — hath 
formerly been discovered by Mr. Harriott and Sir Ralph Lane. 

The high land is in all likelihoodes, a pleasant tract, and the 
mould fruitful, especially what may lye to the Southward, where 
at Peccarecamek and Ochanahoen by the relation of Machumps,* the 
people have houses built with stone walls, and one story above 
another, so taught them by the English who escaped the slaughter at 
Roanoke, at which time this our Colony, under the conduct of 
Captain Newport, landed within the Chesepeake Bay, where the 
people breed up tame turkeys about their houses, and take apes 
in the mountains, and where at Ritanoc the Weroance Eyanoco 
perserved seven of the English alive, four men, and two boys and 
one younge mayde (who escaped and fled up the river of Choanook) 
to beat his copper, etc. 

[Powhatan] seems to command south and north from the Mango- 
angs and Chowanoaks, bordering upon Roanoke and the old Vir- 
ginia, a town pallisadode standing at the north end of the bay. 

He doth often send unto us to temporize with us, awaiting per- 
haps a fit opportunity (inflamed by his furious and bloody priests) 
to offer us a taste of the same cup which he made our poor country- 
men drink of at Roanoke. 

[In "The True and Sincere Declaration" made by the governor 
and councillors of the Jamestown settlement in December, 1609 — 
they speak of having] intelligence of some of our nation planted 
by Sir Walter Raleigh, yet alive, within fifty miles of our fort, who 

*An Indian of Powhatan's tribe who had been to England. 



1613. 

William 
Strachey's 
'I'ravaile 
into 
Virginia, 85 



Strachey. 26 



Strachey, 48 



1609. 

The True 
and Sincere 
Declaration 



i8 



CONTEMPORANEOUS DOCUMENTS 



1 60S 



Brown's 
Genesis, 
li 349 



can open the womb and bowels of this country; as is testified by 
two of our Colony sent out to seek them, who (though denied by 
the savages speech with them) found Crosses and Letters, the Char- 
acters and assured Testimonies of Christians, newly cut in the barks 
of trees. 



[The discovery of these characters recently cut in the barks of 
trees at that time locates some of Raleigh's colony within fifty miles 
of Jamestown in 1608. The narrative continues:] 

What he knew of the Dominions, he spared not to acquaint me 
with, as of certain men cloathed at a place called Ochanahonan, 
cloathcd like me. 

[And again:] We had agreed wiih the King of Paspehegh to con- 
duct two of our men to a place called Panawicke, beyond Roanoke 
where he reported many men to be apparelled. We landed him at 
Warraskoyack, where playing the villain and deluding us for rewarde, 
leturned within three or four days after, without going further. 



Smith's 
True 

Relation. 



Brown's 
Genesis, 
I, 184 
Febiuary, 
1608 



December, 

1608 



[Smith sent from Warraskoyack, Master Scitlemore and two 
guides to seek for the Lost Colony of Sir Walter Raleigh. 

Alexander Brown has found and embodied in his work a rude 
drawing sent by Francis Nelson from Virginia in 1608 to illustrate 
Smith's "True Relation," and the same year sent to Spain from 
London. 

On this map, on the Chowan, or on the Nottoway, falling into 
the Chowan River. Ochanahonan is placed : and on the Tar, or upper 
Pamlico River, "Pakrakanick" is located: and near it is a legend: 
"Here remayneth 4 men clothed that came from Roanoak to 
Ochanahonan." Between the Chowan and the Moratoc (Roanoke 
River) on this map is a legend: "Here the King of Paspehegh 
reported our men to be, and. wants to go." And that region is 
marked "Pananiock." 

On the map, the point Warraskoyack, from which Master Scitle- 
more and two guides started, and where Smith landed "the King 
of Paspehegh to conduct two of our men to a place called Pana- 
wicke, beyond Roanoke," is on a stream that probably is intended 
to represent Nansemond River. 

This map was drawn on the relation of some Indian. The In- 
dians of the James River had no connection with those farther 
south. Powhatan's jurisdiction did not extend over the Chowan- 
ists or the Mongoaks. The Indian who gave the information on 
which the drawing was based probably had but little familiarity with 
the localities, knowing about the rivers but nothing of the coast. 
He knew that the first river was the Chowan and its tributaries ; that 
the next was the Moratoc, and that farther on there was a third — 
the Tar. He probably knew nothing of the sounds. He placed the 
chief town of the Chowan Indians on the northeast side of the 
Chowan River, and Ochanahonan on the other side. It seems to the 
author of this work that Ochanahonan is probably the town called by 
Lane Ohanoak. On DeBry's map this town is placed above the town 
of Chowanoak, but in Lane's narrative it is located below that town. 



LAWSON'S SUGGESTIONS 19 

The Indian account places Pananiock, where White's colony set- 1608 

tied, between the Moratoc and the Chowan rivers, but as the Indian '"^ 

was probably not acquainted with the waters of the sound, and only 
knew that the IMoratoc discharged itself some distance below the 
Chowan, he inaccurately indicates that both emptied into the ocean. 
In that he was mistaken ; but he probably was correct in locating 
the settlement north of the Moratoc River. It was between the 
mouth of the Moratoc and the Chowan that Lane observed the 
"goodly highlands," and that location being substantially "fifty miles 
in the interior" from Roanoke Island, it is there we would expect to 
find the place of permanent settlement. And it is there that the 
Indian relation places it. 

After the massacre, "four men and two boys and one young 
mayde" escaped and fled up the river of Chowanoak, and were 
preserved by the Weroance at Ritanoe. This flight could have been 
readily made from a point north of the ^Moratoc River. It is also 
stated that four men came to Ochanahonan. If there were still other 
fugitives than those preserved at Ritanoe, their journey through 
the woods would also indicate that Pananiock was on the north of 
the Moratoc] 



Lawson's suggestions 

The first discovery and settlement of this country was by the h^^o"" of 
procurement of Sir Walter Raleigh, in conjunction with some public Noni. Caro- 
spirited gentlemen of that age, under the protection of Queen 
Elizabeth ; for which reason it was then named Virginia, which 
begun on that part called Roanoke Island, where the ruins of a 
fort are to be seen at this day as well as some old English coins 
which have been lately found, and a brass gun, a powder horn and 
one small quarter-deck gun made of iron staves, which method 
of making guns might very probably be made use of in those days 
for the convenience of infant colonies. 

A further confirmation of this w.e have from the Hatteras Indians 
who either then lived on Roanoke Island or much frequented it. 
These tell us that several of their ancestors were white people and 
could talk in a book as we do: the truth of which is confirmed by 
gray eyes being found frequently amongst these Indians and no 
others. 

They value themselves extremely for their affinity to the English 
and are ready to do them all friendly offices. It is probable that this 
settlement miscarried for want of timely supplies from England, 
or through the treachery of the natives : for we may reasonably 
suppose that the English were forced to cohabit with them for relief 
and conver'-ation : and that in process of time, they conformed 
themselves to the manners of their Indian relations; and thus we 
see how apt human nature is to degenerate. 



1709 



1709 



20 CONTEMPORANEOUS DOCUMENTS 

1585 

— - The Hatteras Indians 

[The Hatteras Indians in 1585 were not under the same govern- 
ment as the savages on the mainland. They were a different tribe; 
and they were so few in mnnbers and so poor that when Lane was 
making a counterplot against Pemisapan and pretended that he was 
going to make a journey to Croatoan, he asked to be furnished 
with men to hunt for him while there, and with four days' pro- 
visions to last during his stay. No subsistence could be gotten 
from the Croatoans. A century later, in Lawson's time, that tribe 
had but sixteen fighting men, and even if all of these had a strain of 
English blood in them, their white ancestors might have been but 
a very small fraction of the English colonists. The tribe was still 
further reduced during the Indian War of 1711-15, when it 
adhered to the English. It lingered about its old home, suffering 
the fate of other small tribes, gradually becoming extinct. In 1763 
some of the Hatteras and Mattamuskeet Indians were still living on 
the coast of Hyde, where a reservation had been set apart for them. 
Because names borne by some of the colonists have been found 

c. R.,\l, among a mixed race in Robeson County, now called Croatans, an 
inference has been drawn that there was some connection between 
them. It is highly improbable that English names would have been 
preserved among a tribe of savages beyond the second generation, 
there being no communication except with other savages. If Eng- 
lish names had existed among the Hatteras Indians in Lawson's 
time, he probably would have mentioned it as additional evidence 
corroborating his suggestion deduced from some of them having 

Tlie gray eyes, and from their valuing themselves on their affinity to the 

English. It is also to be observed that nowhere among the Indians 
were found houses or tilled lands or other evidences of improve- 
ment on the customs and manners of the aborigines. When this 
mixed race was first observed by the early settlers of the upper 
Cape Fear, about 1735, it is said that they spoke English, cultivated 
land, lived in substantial houses, and otherwise practised the arts 
of civilized life, being in these respects different from any Indian 
tribe. In 1754 they were described as being on '"Drowning Creek, 
on the head of Little Peedee, fifty families, a mixed crew, a lawless 
people, possessed the lands without patent or paying quit rents; 



Croatans 



»754 



C R V 

i6» ' ' shot a surveyor for coming to view vacant lands, being enclosed in 

great swamps." From that time to the present these people have 
remained in their settlement on Drowning Creek. It is worthy of 
remark that in 1754 they were not considered Indians, for the 
military officers of Bladen County particularly reported that there 
were no Indians in that county. Whatever may have been their 
origin and the origin of their English names, neither their names 



REFERENCES TO LOST COLONY 21 



nor tlicir English manners and customs could have been perpetuated '585 

from ihc time of the Lost Colony without exciting some remark 
on the part of explorers, or historians. Apparently that com- 
munity came into being at a later date. Yet it is to be observed 
that many persons believe them to be the descendants of the Lost 
Colony; and the Legislature has officially designated them as 
"Croatans," and has treated them as Indians.*] 

*Thc subject of the connection of these Croatans with the colonists 
has been ably discussed by Mr. Hamilton McMillan and by Dr. 
Stephen B. Weeks, who maintain that view with much plausibility. 



CHAPTER II 
Explorations, 1584 

England claims rights in America. — Sir Humphrey Gilbert. — 
Walter Raleigh's charter. — The landing of Amadas and Barlow. — 
The spot uncertain. — The savages kindly. — Explorations. — Fortu- 
nate return. — The new land named Virginia. — Conditions in America. 

England claims rights in America 



i486 



Alexander's 
Bull 



Six years before the discovery of America the Porttt- 
guese, the most adventurous sailors of that age, had already 
explored the coast of Africa and had turned the Cape of 
Good Hope in their search for a route to the Indies. The 
fortunate issue of the expedition undertaken by Columbus 
under the patronage of Ferdinand and Isabella gave to Spain 
a claim to the New World and opened a door for a serious 
clashing of interest between those two faithful supporters of 
the Catholic religion ; and to settle their differences and to 
establish their respective rights of doininion, Pope Alex- 
ander Yl in 1493 issued a papal bull dividing the undiscov- 
ered regions of the earth between them. Drawing an 
arbitrary line on the map of the world running a hundred 
leagues west of the Azore Islands, he apportioned to Portugal 
all to the east of it and, depriving Spain of any interest in 
Africa, allotted to that country the whole of the New World 
"west and south of Spain." And by a treaty, the next year, 
this line was fixed three htmdred and seventy leagues west 
of the Cape Verde Islands. 

England, however, did not recognize that arbitration as 
binding upon her and claimed the Atlantic coast of America, 
Cabot ijy virtue of the discoveries of the Cabots, who, in 1497, had 

coasted along it from Labrador to Florida. From that time 
onward there were occasional movements made by English 
navigators for exploration, trade, and even colonization, that, 
however, had no practical result. Although among the 
great fleet of vessels that were employed in the Newfound- 



GILBERTS PATENT 23 

land fisheries there were generally to be found fifty or more ^ 

bearing- the English flag, it was not until Elizabeth's time 
that an attempt was made at English colonization. During 
her reign England made a marvellous advance in wealth, in 
manufactures and in population ; and a spirit of enterprise 
was manifested by her merchants no less than among those 
bold soldiers and seamen who sought fame and fortune in 
■ battling against the Catholic Spaniards on land, and despoil- 
ing their richly laden vessels on the sea. 

One of the most notable of the enterprising heroes who 
made her reign illustrious was Sir Humphrey Gilbert, whose Gilbert 
great capacity and services had been rewarded by his ap- 
pointment as lord lieutenant of Ireland. 

But he had other claims to royal favor. Her lustful father 
having beheaded her mother, and having cast her off in 
infancy as illegitimate, Elizabeth, the queen, while having 
slight regard for her father's kin, stood loyally to her 
mother's. In her girlhood days she had fallen to the care 
of Mrs. Catherine Ashley, a connection on her mother's side, 
to whom she declared that she owed more for kindness and 
preservation than she could have done to her own mother. 
And this woman, for whom the queen cherished such warm 
gratitude, was the aunt of Sir Humphrey Gilbert. So be- 
yond his undoubted ability and merit there was an influence 
favorable to him at court. In June, 1578, Sir Humphrey ,578 
sought and obtained from the queen a patent to explore and 
settle any part of the New World not already occupied by a 
Christian prince, and to possess it for himself and his heirs, 
with power and dominion over the same — a right royal 
grant to any subject of the realm. He associated with him- 
self in this enterprise his younger half brother. Walter 
Raleigh, and in June, 1583, sailed from England with five ,583 
vessels and landed in Newfoundland. Raleigh, however, 
did not accompany him, but wrote to him just previous to 
his departure expressing the queen's great interest in the 
enterprise. "I have sent you," he wrote, "a token from her 
Majesty, an ancor guided by a lady, as you see ; and farther, 
her Highness willed me to sende you worde that she wished 
you as great good-hap and safety to your ship, as if herself 
were ther in parson, desiring you to have care of your sealf, 



24 EXPLORATIONS, 1384 

^^ as that which she tenclcrcth ; and therefore for her sake, you 

must provide for it accorcUngly. Farther, she commandeth 
that you leve your picture with me.'' 

Surely Gilbert stood well with the woman his auni had 
reared, she "desiring him to have care of himself, as of 
that which she tendereth." But Elizabeth's fears wtre 
prophecies. That barren, frozen, inhospitable shore was r ot 
favorable for colonization, and the vessel that bore the in- 
trepid navigator, overwhelmed in a fearful tempest, went 
down at sea, and the brave Sir Humphrey perished. 

Raleigh But cvcu that great misfortune did not dismay the enter- 

prising spirit of Raleigh. As a young man, a volunteer 
soldier of fortune, he had fought in the ranks of Protestan- 
tism against the French and Spanish legions of intolerant 
Catholicism. For some years he had served in the Irish 
War, where he had displayed heroism and bravery, and had 
also led his band and had put to the sword six hundred 
Spanish and Italian troops, after surrender, in Smerwick 
Bay ; a bloody butchery. Appearing at court as bearer of 
despatches, his pronounced views as to the thoroughness 
with which a war of extermination should be waged ac- 
corded so well with Elizabeth's own policy that she called 
him her "Oracle." A month later the command of a band 
of footmen in Ireland became vacant, and the queen, in 

Lffeo^f'^^' April, T582, issued her command to the general-in-chief : 

Raleigh "But chicfly that Our Pleasure is to have Our servant, 
Walter Rawley, trained sometime longer in that Our realm 
for his better experience in martial afifairs, and for the 
especial care that We have to do him good, in respect of his 
kindred, that has served Us, some of them (as you know) 
near about Our person, these are to require you that the 
leading of the said band may be committed to the said 
Rawley; and for that he is for some considerations by Us 
excused to stay here. Our pleasure is that the said band be, 
in the meantime, until he repair into that Our realm, de- 
livered to some such as he shall depute to be his Lieutenant 
there." That was the year before Sir Humphrey lost his 
life, Raleigh being kept at court under the eye of the queen, 
"for the especial care she had to do him good." But inter- 
ested in this matter of colonization, he did not let it slumber. 



EXPEDITION OE AMADAS AND BARLOW 25 

The disastrous ending of his brother's attempt did not deter ^ 

him. Ahhoiii^h the queen made no such princely grant to 
any other than Kate Ashley's kin, Raleigh speedily obtained 
a new patent for himself ; and at great expense he fitted out 
at London two barks to transport, as his guests, a goodly 
number of merchants, nobles and notable sailors, to discover 
an eligible location for a colony in the warmer latitudes 
bordering on Florida.* Having sailed from the Thames, 
his vessels took their final departure from the west coast 
of England on April 27, 1584, and sought the shores of 
America by the southern route. Reaching the Canaries by 
May loth, a month later they arrived at the West Indies, 
where they lingered a few days, and then entered the Gulf 
Stream on their northward course. On July 2d they found 
shoal water ofiF Cape Fear; and then shortening sail, the 
captains, Amadas and Barlow, proceeded cautiously until, 
July 4th, f they arrived upon the coast. J: Watching for a Landin 
harbor and an entrance, they coasted along one hundred Jiiiv4, 1584, 
and twenty miles before they discovered one, but finally 
north of Cape Hatteras they discerned a breach and came 
to anchor at its mouth. With grateful hearts, the company 
assembled and piously returned solemn thanks for their safe 
arrival ; and then they eagerly manned their boats and made 
their landing on the south side of the inlet. This first land- 
ing place of the English on the coast of A^irginia was ap- 
parently at the mouth of Trinity Flarbor, as depicted on 
the maps of the explorers, about twenty miles north of 
Roanoke Island, and well within what has since been known 
as Currituck Sound. It was forty miles north of Hattorask 
Inlet, which afterward became the roadstead of the colonists. 

*Jean Ribanlt had published in London his account of "Terra 
Florida" in May. 1563. and on the dispersal of his colony later, 
the survivors having put to sea in a small boat were picked up by 
an English vessel and brought to England. (Brown's "Genesis.") 

fBy the reckoning then in use the longest day in the year fell 
on Julv 3d. This arrival on the coast was one day after the longest 
day of the year. 

tjohn Verazzani, a Florentine, sixty vears before having sailed 
from Madeira, on January 17. 1524, "through the assistance of 
Heaven and the goodness of his ship, discovered a new land never 
before seen by any man, either ancient or modern." The point he 
reached was this immediate locality where Raleigh's captains first 
saw the land. 



26 EXPLORATIONS, 1584 

]^ On reaching the soHcl ground, amid great rejoicing and with 

ceremonial pomp, according to the custom of the times, they 
took possession of the land in right of their sovereign, the 
Queen of England, and formally delivered it over to the use 
of Walter Raleigh. 

The ceremony of taking possession Amadas and Barlow 
deemed of such high importance that they made a record of 
the particular gentlemen and men of account who were 
present as witnesses of it, so that no question might be made 
of their queen's rightful title to the country. Being now 
in possession, and having the English flag waving over the 
soil of this new dominion, they proceeded to look about 
them and view the land. With wonder they noted the 
abundance of grapes that grew even on the sands of the 
beach, where the surge of the sea overflowed them; and in 
all places else ; on the hills and in the plains, on every little 
shrub and climbing even up the branches of the high cedars. 
Then with hurried footsteps they passed from the seaside 
to the tops of the adjacent hills, and with amazement beheld 
the broad sea stretching away on both sides as far as the 
eye could reach. They found later that where they were 
was an island some six miles wide and about twenty long, 
a part of the sand banks that separated the sound from the 
sea. "After we had entered into the haven," wrote Barlow 
in his narrative of the exploration, "we saw before us 
another mighty long sea ; for there lies along the coast a 
tract of island two hundred miles in length ; and between 
these islands two or three entrances ; these islands being 
very narrow, for the most part only six miles broad ; then 
entering, there appeared another great sea, in breadth in 
some places forty and fifty miles and in some twenty miles 
before you come to the continent ; and in this enclosed sea 
near a hundred islands, whereof one is sixteen miles long." 

As yet all was solitude. The face of nature was unbroken 
by the hand of man. For two days they saw no evidences of 
human life ; but on the third day after their arrival they 
discovered a boat in the sound containing three savages, 
who cautiously approached and held communication with 
them. These being favorably received, and delighted with 
the little presents given them, the next day forty or fifty 




An Indian Villagk 
(From the John White Drawings) 



BARLOWS REPORT, 1384 27 

others visited the ships and exchanged commodities. It may '584 

be observed in passing- that the aborigines of America were 
not generally called Indians by English writers until about 
the year 1600; at that time they were spoken of only as 
savages. But although so called, the natives were found to 
be gentle in their disposition and not unfriendly, and them- 
selves copper-colored, their admiration was unbounded at 
the white skins of the strangers, their apparel and their great 
ships, while the thunder and lightning from their muskets 
filled them with awe. 

A few days later Barlow proceeded in his boat to Roa- 
noke Island, the distance being seven leagues, or about 
twenty miles, and visited Granganimeo, brother to the King 
Wingina, who lived with his wife in great state on that 
island. The country was called by the natives Wingandacoa ; 
and on the mainland were Secotah, Newsiok, and other 
territories. For six weeks the explorers remained, making 
excursions in all directions. July and August are delight- 
ful months in those landlocked sounds, and all were charmed 
by the natural advantages of that region as a place for 
settlement. The beautiful flowers, the magnificent forests, 
the noble watercourses, the abundance of game, the new and 
valuable plants, possessing medicinal properties, all com- 
bined to make this summer land appear to be a glorious 
home for the proposed colony. And it must be remembered 
that the company on board the ships had been especially 
selected as men of experience for the purpose of ascertain- 
ing a desirable location for the English settlement. 

At length, taking specimens of the natural products, the 
prized sassafras and the fragrant tobacco, and accompanied 
by two young Indian men, Manteo and Wanchese, Amadas 
and Barlow spread their sail and turned their prows home- 
ward, reaching England safely about the middle of Septem- 
ber. The happy return of the explorers caused much en- 
thusiasm in England. Manteo and Wanchese excited wide- 
spread interest among all classes, while the accounts given 
by Amadas and Barlow and their companions of the new 
land they had found led many to look with longing eyes 
toward such an alluring country. Elizabeth, pleased at being 
mistress of so fair a realm, and gratified at Raleigh's success, 



28 EXPLORATIONS, 1584 

1584 conferred knighthood on him as a mark of her favor, and 

at his solicitation named his possessions in America Virginia, 
as a memorial of herself, who had remained through life a 
virgin queen, and Parliament manifested its applause and 
its hope of important commercial benefits by confirming and 
ratifying the queen's patent with all of its high powers and 
exclusive privileges. 

Conditions in America 

Many years before, the Spaniards had explored and 

claimed Florida; and when, in 1564, a French settlement 

had been made on the river May by some Huguenots under 

Riba.iit's Ribault, at Fort Carolina, the Catholic Spaniards asserted 

Colony, 1564 _ _ i 

dominion and put them to the sword. In Canada, at the far 
north, the French had made explorations and claimed the 
possession, but between Florida and Canada the wilderness 
was unbroken ; and when Amadas and Barlow landed on 
the sandy shore near Cape Hatteras and raised there the 
meteor flag of England and took possession of the country 
for the English-speaking race, it was the first step in a series 
of events of the utmost consequence to mankind. The limits 
of Virginia were the undefined bounds of Canada at the 
north, and of Florida at the south ; the Atlantic on the one 
hand and the South Sea on the other ; and that vast expanse, 
so long a solitude, was in the course of time to become the 
home of the greatest of all the nations of the earth. 

Fortunate, indeed, was it for America and for humanity 
that this first lodgment on our stormy coast was by a race 
devoted to the Protestant faith, ardently attached to freedom 
and personal liberty, and trained to the usages and customs 
of the realm of England. Different certainly the world's 
history would have been had Raleigh not blazed the way 
in English colonization, and had the dominion of the Span- 
iards under the papal bull of Alexander been permanently 
established throughout the Atlantic slope of America. 



CHAPTER III 
Lane's Colony, 1585-86 

Lane's colony. — Arrival at Wokokon. — Secotan visited. — Aquasco- 
goc burned by Grenville. — Disembarkation at Hattorask. — Settle- 
ment at Roanoke. — Fort Raleigh. — Explorations. — Manteo friendly. — 
Wanchese hostile. — The peril of famine. — Lane penetrates the 
Chowanoak; seizes Skyco ; ascends the Moratoc. — Food exhausted. — 
The Indian conspiracy. — The hostiles gather at Dasamonquepeuc. — 
Lane strikes a blow and secures safety. — The arrival of Drake. — The 
departure of the colonists. — Arrival of Grenville's fleet. — Fifteen 
men left to hold possession. 

The first colony 

Hastening to lay the foundations of a regal domain and 1585 

with an eager anticipation of rich returns from his com- "■ 

mercial dealings, Sir Walter now prepared a second expe- 
dition, which was to transport a hundred colonists for settle- 
ment in Virginia. Provisions were collected for a year's 
subsistence, by which time a new supply was to be furnished. 
The colonists were to be under the authority of Ralph Lane, 
as governor, who was chosen for this important post because 
he had already given the world assurance of his bravery, 
capacity, and resourcefulness. Among the enterprising men 
of that day he ranked high for energy, courage and versatile 
powers. Barlow, who, years before, had served with 
Raleigh in Flanders, was again to be with the party, and was 
to remain in Virginia as admiral ; while Cavendish, after- 
ward famous as a bold and skilful navigator, Thomas 
Hariot, highly distinguished as a mathematician and scien- 
tist, and John White, whose maps and admirable sketches, 
made in Virginia, are still extant, and who was deeply inter- 
ested in the work of colonization, were likewise members of 
the company. At length, the preparations being coinpleted, 
a fleet of seven vessels, all small, however, and capable of 
entering the inlets of the Virginia sounds, under the com- 
mand of Sir Richard Grenville, a kinsman of Sir Walter 
Raleigh, and famous for his skill and bravery, set sail from 
Plymouth on April 9, 1585. After various adventures that 



30 LANE'S COLONY, 1585-86 

^5^ caused delay, the fleet passed the Cape Fear on June •23d, 

and two days later came to anchor at Wokokon, now known 

The arrival, as Ocracokc, soutliwcst of Capc Hatteras. One of the 
vessels, under Captain Raymond, had, however, preceded the 
others, and having reached the vicinity twenty days earlier, 
had disembarked thirty-two men at Croatoan, a part of the 
sandbanks nearer the cape, that island also being called the 
"Admiral's Island," and Cape Hatteras itself was known as 
Cape Amadas. 

Exploration on the mainland 

Some ten days were spent in examining the vicinity, and 
then, on July nth, a considerable party embarked in four 
large boats, and taking provisions for eight days, passed 
over to the mainland, bordering on Pamlico Sound. They 
visited the Indian town of Pomeiok, and the great lake, 
Faquipe, and the town of Aquascogoc, and then Secotan, 
and explored the rivers of that region. During the expedi- 
tion an Indian at Aquascogoc stole a silver cup from Sir 
Richard Grenville, and not restoring it, according to prom- 
ise. Sir Richard went back from Secotan to that town for the 
purpose of regaining it ; but the Indians had fled. So Sir 
Richard, to punish the theft, burned and spoiled their corn, 
which set those savages at enmity with the English. 

Having gained some familiarity with those southern parts, 
the admiral weighed anchor, and turning the cape, reached 
Hattorask Inlet, having previously advised King Wingina 
at Roanoke Island of their coming. The colonists were ac- 
companied by Manteo and Wanchese. The former had been 
strengthened in his friendship for the English, but the latter, 
whether because of apprehensions of their great power, 
which he had beheld in England, or because he belonged to 
that tribe on the Famlico whose corn Sir Richard had de- 
stroyed, displayed an unfriendly disposition toward them. 
T''5. Arrivina: at Hattorask, the settlers disembarked on 

landing, "^^ 

Aug. 17,1585 August 17th, and landed on Roanoke Island. Who now can 
enter fully into the feelings of those first adventurers, who 
in that summer time made their lodgment in the New 
World ! The unknown country, the placid waters of the 
great sound, the delightful atmosphere and brilliant sunshine. 



LANE SETTLES ON ROANOKE ISLAND 31 

and their difficult intercourse with the untutored savages ^^ 

who gathered around them — with their strange color, man- 
ners, and customs — and themselves so far removed from 
their distant homes — must have been constant subjects of 
reflection, mingling pleasure and apprehension, gratifying 
their spirit of adventure, and fostering hopes of personal 
reward, but ever startling them with the extreme novelty 
of their situation. A week after the landing Grenville took 
his departure, leaving the colonists established on Roanoke 
Island. 

Fort Raleigh on Roanoke Island 

Lane at once began the erection of dwelling houses at a 
convenient point on the northern end of the island, and con- 
structed a fort there, which he called Fort Raleigh ; and 
from there excursions were made in every direction to get a 
better acquaintance with the country and its products. To 
the southward they went eighty miles to Secotan, that lay 
near the mouth of the Neuse ; to the north they reached the 
Chesipeans, some fifteen miles inland from the head of 
Currituck Sound, and temporarily a small number of the 
English established themselves in that region. From those 
Indians, as well as from information derived from those 
on the Chowan, Lane learned that there was a larger and 
better harbor not far distant to the northward. On the Lane 
west they penetrated to Chowanoak, a large Indian town ^"p"''" 
on the Chowan River, and in that region they found an 
Indian sovereign, or Weroance, who ruled about eight hun- 
dred warriors, having subject to him eighteen towns. These 
towns, however, never consisted of more than thirty houses, 
and generally of only ten or twelve. The houses were made 
with small poles fastened at the top, the sides being covered 
with bark, and usually about twenty feet long, although some 
were forty and fifty feet, and were divided into separate 
rooms. 

In these explorations the colonists ascended the various 
rivers emptying into the sound, and became familiar with the 
adjacent country. Hariot devoted himself to the study of 
the natural history of the region and wrote a valuable ac- 
count of the animals, the vegetables, the plants, and the trees 



32 LANE'S COLONY, 1383-86 

l^^ found there, and White made many sketches that are still 

preserved in the British Museum. 

Famine threatens the colonists 

Among the savages, Ensinore, the old father of Wingina 
and Granganimeo, and Manteo were friendly with the white 
strangers ; but the other chieftains were not favorable to them, 
although their bearing was not openly hostile. Granganimeo 
unfortunately died shortly after the arrival of the colonists, 
and upon that event Wingina, the king, according to some 
usage, took the name of Pemisapan, and as time passed he be- 
gan to intrigue against the English, in which he was joined 
by Wanchese, Terraquine, Osacan, and other head men of the 
Indians. Relying on an additional supply of provisions by 
JA'sse""'^ Easter, the colonists had been improvident, and by spring 
had exhausted their stock, and the planting time of vege- 
tables and corn had hardly come when they found them- 
selves without food. Their reliance now, temporarily at 
least, was on the corn of the Indians, and that was difficult to 
obtain. Their situation had become one of peril, especially 
as the Indians were reluctant to supply them. Pemisapan, 
understanding their difficulties, and at heart their enemy, 
now warily devised a plan for their destruction. He instilled 
into the Chowanists and into the Mangoaks, a strong and 
warlike tribe inhabiting the region on the Moratoc, or Roa- 
noke River, that the English were their enemies ; and then 
he informed Lane that the Mangoaks had much corn and 
that there were rich mines of gold and copper and other 
minerals in their country, and that they possessed stores 
of pearls and precious stones. This appealed strongly to 
Lane's cupidity, and he eventually determined to visit them, 
and applied to Pemisapan for guides, and three Indians 
Lane's bcsldes Mauteo were assigned to accompany him. So in 

up'^the '°" March Lane set out on his expedition, taking the pinnace and 
two smaller boats, with some fifty or sixty men. He visited 
all the towns on the water's edge, and was especially pleased 
with some high land seen before reaching Chowanoak, sub- 
ject to that king, where there was a goodly cornfield and a 
town called Ohanoak. Arriving at Chowanoak, he found a 
considerable assemblage there, the King Menatonon and his 



Moratoc 



LANE EXPLORES ROANOKE RIVER 33 

people being under apprehension that the EngHsh were ^ 

enemies to them. Although Lane as a precautionary- 
measure seized the person of the king and his young son, 
Skyco, he, nevertheless, was able to disarm their fears, and 
during a sojourn of two days with them obtained consider- 
able information concerning the Mongoaks and their coun- 
try, and also learned that by ascending the Chowan two days 
in a boat he would be within a four days' journey, by land, 
of a king's country that lay upon the sea. Obtaining some 
corn from Menatonon, and keeping Skyco as a hostage for 
further kindness, he sent the young Indian prince in the 
pinnace to the fort, and with the remaining boats and forty 
men pushed on up the Moratoc. His progress was slow, 
and he observed the difiference between the strong current 
of that river and the sluggish waters of the great estuaries 
of the broad soimd of Weapomeiok, as the country north 
of Albemarle Sound was then called. 

The Mongoaks proved hostile, and when he had ascended 
the river two days, having progressed about thirty miles, 
they made an attack that was, however, easily repulsed. 
Then penetrating into the country, Lane found that the Exploration 
savages withdrew before him, removing all their corn and 
leaving nothing on which his men could subsist. His pro- 
visions being nearly out, he left it to the men to determine 
whether they should return or proceed ; but they had two 
large mastiffs with them, and the men, declaring that the 
dogs prepared with sassafras would be good for two days' 
food, would not then abandon the expedition ; and so they 
pushed on farther, but without any favorable result. At 
length, in danger of starvation, and their strength failing, 
they turned down stream, and in one day reached an island 
at the mouth of the river. 

Their provisions now were entirely exhausted ; but here, 
because of a heavy wind raising great billows in the sound, 
they were constrained to remain the whole of the next day. 
It was Easter eve ; and Lane says they truly kept the fast. 
But Easter morn brought them new hope, and the storm 
ceasing, they entered the sound, and by four o'clock reached 
the Indian town of Chepanum (apparently on Durant's 
Neck, between Little and Perquimans rivers), which they 



starvation 



34 LANE'S COLONY, 1585-86 



1586 



found deserted ; but fortunately there were fish in the weirs 
that furnished timely food; "for some of our company of the 
light-horsemen were far spent," those sailors who managed 
the canoes or light boats since called gigs being facetiously 
designated as "light-horsemen." 

The next morning, refreshed and strengthened, they re- 
sumed their journey and returned to Roanoke in safety. 

The Indians become hostile 

In their absence, Pemisapan had stirred up the neighbor- 
ing Indians to enmity against the remaining colonists, and 
hoping that his devices for the destruction of Lane's party 
had succeeded, he sought to strengthen the resolution of his 
followers by declaring that Lane and his party had either 
died of starvation or had been cut off by the Mongoaks. 
Ensinore, who had urged more friendly counsels, had un- 
fortunately died toward the end of March, and there was 
now no influence to counteract Pemisapan's hostility ; and 
urged by him, the Indians would no longer render any assist- 
ance in the way of obtaining either fish or other food, and 
the situation of the colony was becoming extremely critical. 
The protracted absence of Lane's party added to their de- 
spondency, while it gave color to the report of their destruc- 
tion. Such was the deplorable condition on the island when 
plots *" Lane's reappearance, contrary to the prophecies of his 
enemies, together with the accounts given by the Indians 
who had accompanied him of the ease with which he had 
overcome those Mongoaks who had fought him, caused a 
reaction in favor of the whites, and the Indians once more 
began to set weirs for them and aided them in planting corn, 
the planting season having now arrived. Still, until relief 
should come from England, or the crops just planted should 
mature, the colonists had to rely on such supplies as they 
could gather for themselves. In this extremity resort was 
had to the oyster beds found in the sound ; and the better 
to subsist, the men were divided into small companies, and 
located at dift"erent points. Captain Stafford and twenty 
others were sent to Croatoan, where, while getting oysters, 
they could w^atch for the approach of the expected vessels 



Pemisapan 



THE CONSPIRACY OF PEMISAPAN 35 

bearinir relief ; at Hattorask a dozen more were stationed for 'sse 

the same purpose, while every week companies of fifteen 

or twenty were sent to the mainland to hunt for food. Thus 

they managed to exist through the month of May, waiting 

and watching in vain for the promised supplies from 

home. 

In the meantime, Pemisapan, while preserving a friendly 
guise, began to plot anew against them, and instigated the 
hostile Indians to take the whites at a disadvantage, falling 
upon them while scattered and cutting them ofif in detail. 
To carry out this scheme he proposed to hold a great 
assembly of Indians, to last a month, by way of solemnizing 
the death of his father, Ensinore. This meeting was to be 
held on the mainland, at Desamonquepeuc, opposite Roanoke 
Island ; and besides seven hundred neighboring warriors, it 
was to be attended by an equal number of the Mangoaks 
and Chesipeans, who were to come and lie secretly in the 
woods until the signal fires should give them the order to 
rise. As a part of the same plan, it was arranged that 
Terraquine, one of Pemisapan's chieftains, with twenty men, 
should set fire to the thatched roof of Lane's house, and when 
he should come out, they were to murder him. Another 
leader and squad were to deal with Hariot the same way; 
and, similarly, all of the principal men of the colony were 
to be surprised and overcome. Toward the end of May 
the neighboring Indians began to assemble on Roanoke 
Island, the night of June loth being the time appointed for 
the others to meet and carry into efifect the murderous 
plot. 

vSkyco, being the son of a king, on reaching the island 
had been taken by Pemisapan to reside with his own family, 
and as the young prince was held a prisoner and was deemed 
hostile to the English, the plot became known to him; but reveals 
Lane had treated him with kindness and consideration, and ' *" ^ °' 
the young boy in gratitude revealed to him all the details of 
the conspiracy. Confronted with such an emergency, 
Lane's strength of character and resolution promptly dis- 
played itself. Had he been a weaker man, not so resource- 
ful, the colonists would probably have fallen victims to 
Indian strategy. 



36 LANE'S COLONY, 1585-86 

Lane's strategy 

1^ Pemisapan had gone over to the mainland, ostensibly to 

see about his growing corn crops, but really to attend to 
collecting the hostile Indians. Lane, realizing that safety 
could only be secured by the death of this wily foe and of 
his coadjutors, resolved on an immediate stroke. He sent 
him word to return to the island, for having heard of the 
arrival of his fleet at Croatoan, he himself proposed to go 
there ; and he wished Pemisapan to detail some of his men 
to fish and hunt for him at Croatoan, and he also wanted 
to purchase four days' supply of corn to take with him. 
Pemisapan, however, did not fall into the trap; but while 
promising to come, postponed doing so from day to day, 
waiting for the assembling of the hostile Indians. At length, 
on the last of May, all of Pemisapan's own people having be- 
gun to congregate on the island. Lane determined to wait 

Lane strikes ^^ longer. So that uight he ordered "the master of the 
light-horsemen," as he termed his chief boatman, with a few 
others to gather up at sunset all the canoes in the island, so 
as to prevent any information being conveyed to the main- 
land. As the "light-horsemen" were performing this duty, 
they saw a canoe departing from the island, and in seizing it 
two of the savages were killed. This aroused the Indians 
who were present, and they at once took themselves to their 
bows and the Englishmen to their muskets. Some few of 
the savages were killed in the encounter and the others fled 
down the island. At dawn the next morning, with the "light- 
horsemen" and a canoe carrying, twenty-five others, with the 
"colonel of the Chesipeans," and "the sergeant major," Lane 
hastened to the mainland, and sent word to Pemisapan that 
he was coming to visit him, as he was about to depart 
for Croatoan, and wished to complain of the conduct of 
Osacan; who the night before had tried to convey away the 
prisoner Skyco, whom he had there handcuffed. The Indian 
king, ignorant of what had happened on the island, and not 
suspecting any hostile purpose, received Lane and his at- 
tendants, who, coming up, found him surrounded by seven 
or eight of his principal Weroances, together with many 
other warriors. 



COLONISTS RETURN TO ENGLAND 37 

As soon as they met, Lane gave the agreed signal, "Christ, '586 

our Victory," and immediately the colonel of the Chesipeans, 
the sergeant major, and their company opened fire, and 
Pemisapan and his chief men were slain and the others dis- 
persed. A blow so sudden and terrible paralyzed the 
Indians ; the plot was abandoned and the danger averted. 

Drake arrives and the colonists return to England 

A week later, on June 8th, the colony was thrown into an 
ecstasy of excitement by the hasty arrival of a messenger 
from Stafford, who reported seeing off Croatoan a fleet con- 
sisting of more than twenty vessels ; but war had the year 
before broken out between Spain and England, and it was 
not at first known whether the ships belonged to friends 
or foes. The next day, however, Stafford himself came, 
having walked twenty miles by land, bringing a letter, prof- 
fering food and assistance, from Sir Francis Drake, then 
at Hattorask, who had just returned from sacking Santo Do- 
mingo, Cartagena and St. Augustine. With a joyful heart, 
Lane hastened to the fleet "riding at his bad harbor" ; and 
Drake proposed to leave him a sufficient supply of provisions 
and a small vessel that could pass the inlet and lie within 
the sound. But before the necessary arrangements were 
completed a terrific storm came up that lasted three days, 
and the vessel which was to have been left was blown to 
sea and did not return; and much damage was done to the 
other ships of the fleet, and many pinnaces and smaller boats 
were entirely lost. After the storm had abated, Drake 
offered to leave another vessel, but he then had none that 
could enter the harbor; so the ship, if left, would have had 
to remain on the perilous coast. As an alternative propo- 
sition Drake offered to take the colonists aboard and trans- 
port them to England. After consideration, it was deemed 
best to accept this last offer, and the different companies 
into which the colony had been broken being again collected, 
they embarked on June 19th and safely reached Portsmouth 
on July 27th. Thus, after a nine months' residence, ended fimctio'ny 
the first attempt to plant a colony on Roanoke Island. 

In the meantime, a bark bearing advice that a new fleet 
was coming had been despatched from England, and some- 



38 LANE'S COLONY, 1585-86 

1586 what later Sir Richard Grenville sailed with three vessels 

freighted with supplies and bringing other colonists. The 
first bark arrived immediately after the departure of Lane, 
and finding the settlement abandoned, returned to England ; 
but when Sir Richard came, a fortnight later, he remained 
three weeks searching for the settlers and making explora- 
tions ; and then putting fifteen men in the fort, with an ample 
supply of provisions, he sailed away on a cruise against the 
Spaniards. 



CHAPTER IV 

White's Colony, 1587-91 

Raleigh's embarrassments. — Conveys an interest in Virginia to 
Thomas Smith, John White, and associates. — The Citie of Raleigh in 
Virginia. — White's colony departs.^Howe murdered. — White de- 
spoils the fields of the hostiles. — Baptism of Manteo. — Birth and 
christening of Virginia Dare. — White returns to England. — The 
Armada. — White's first attempt to return to Virginia. — Raleigh 
makes further conveyance of his interest. — White sails in Feb- 
ruary. 1591. — Finds colony removed. — Mace's voyage. — Elizabeth 
dies. — Raleigh arrested for treason. — The settlement at Jamestown. — 
Fate of the Lost Colony. 

Raleigh's Embarrassments 

The unexpected return of Lane's colonists greatly disap- 1586 

pointed Raleigh. His efforts at exploration and colonization ~^ 

had involved great expenditures. He had already disbursed 
forty thousand pounds in the enterprise, a sum approximat- 
ing in this age half a million dollars, and that at a period 
when there was no great accumulation of wealth in England. 
He had now been at court some years and was a member 
of Parliament ; and his fine powers and accomplishments, 
his versatility of genius and varied learning, commended him 
to the high favor of the queen, who gave substantial evi- 
dence of her inclination to ptish his fortunes. In 1584 she 
had bestowed on him a grant of twelve thousand acres of 
forfeited land in Munster, Ireland, which he atteinpted to 
colonize with English tenants and where he employed a 
large force in cutting timber for market, which, however, 
did not turn out a profitable enterprise. Also, beginning 
in the same year, he received annually for five years profit- 
able grants allowing him to export quantities of broadcloth 
from England — a sort of monopoly ; and he likewise obtained 
a lucrative monopoly in the grant of the "farm of wines," 
vesting in him the power of selling licenses for the vending 
of wine and, in some measure, of regulating the price of 
that commodity throughout the kingdom. Some months 
after Lane's return, on the attainder of Anthony Babbington, 



40 



WHITE'S COLONY, 1587-91 



1585 



Edwards' 
Life of 
Raleigh 



1586 



The 
corporation 



the queen was also pleased to bestow on Raleigh all of the 
estates that had come to the Crown by the attainder, which 
gave him rich manors and broad acres in five counties of 
England. In July, 1585, when the war broke out with Spain, 
he was created Lord Warden of the Stannaries (Cornwall 
and Devon) and Vice- Admiral of Cornwall and Devon; and 
two years later he was appointed captain of the Queen's 
Guard, the office of a courtier, to succeed Hatton, who was 
to become Lord Chancellor. But neither his outlays in Ire- 
land nor his expenditures for Virginia had yielded him any 
return, while his living at court, where he indulged in mag- 
nificent display, involved large expenses. 

The Citie of Raleigh in Virginia 

Such were his circumstances when Lane's colony returned 
to England in the fall of 1586. But unwilling to abandon 
the enterprise and still hoping for profit from establishing 
a trade in Virginia, he now determined to associate mer- 
chants with him who would share the profits and the ex- 
penses. At that time some of the wealthy merchants of 
London were looking with eager eyes for new avenues of 
trade and commerce. Chief among these was Thomas 
Smith, whose subsequent enterprises led to his receiving 
knighthood at the hands of his appreciative sovereign ; and 
of their number was Richard Hakluyt, to whom posterity is 
indebted for the collection and publication of many narra- 
tives of exploration and discovery in that interesting period. 
To Smith and eighteen other merchants who risked their 
money in the enterprise Raleigh granted free trade forever 
with his colony in Virginia, and to thirteen others he 
assigned the right of governing the colony. Of these John 
White, who had been in all the previous expeditions to Vir- 
ginia, was constituted the governor, and the other twelve, 
who also were to accompany the colony, were nominated 
his assistants ; among them Ananias Dare and Dionysius 
Harvie, who carried their waves with them, and the former 
of whom was White's son-in-law. These thirteen Raleigh, 
by patent, under the powers contained in his own charter, 
on January 7, 1587, erected into a corporation under the 
name of "The Governor and Assistants of the Citie of 



April, 1587 



RALEIGH ASSIGNS TO A CORPORATION 41 

Raleigh in Virginia" ; and the nineteen merchants were made ^ 

members, "free of the corporation." 

A permanent settlement attempted 

These preHminaries being arranged, a new colony was col- 
lected, consisting of one hundred and twenty-one persons, of 
whom seventeen were women, twelve apparently being wives 
accompanying their husbands, and nine being children. On 
April 26, 1587, three vessels bearing the colonists left Ports- 
mouth for Plymouth ; and on May 8th finally took their de- 
parture from that port for Hattorask, where, after many 
adventures, two of them arrived on July 22d, and a few days 
later the other. Raleigh had given written directions that 
after taking in the fifteen men left by Grenville the vessels 
were to proceed to Chesapeake Bay, where a new settlement 
was to be made, and such was the purpose of Governor 
White. But when White with a part of his men had left 
the ship to visit Roanoke Island for the purpose of taking 
ofif the fifteen men, Ferdinando, the admiral, influenced the 
sailors to say that they could not be received back into the 
ship, thus constraining all the colonists to disembark. At The colony 
sunset White's boat reached the island, but the only trace 
he could find of the men left by Grenville was the bones 
of one that lay unburied where he had been slain. The fort 
had been razed down, but the cottages were still standing, 
some of the outer planks, however, being torn off. Forced 
to remain there. White set the men at once to work to repair 
the buildings and to construct others. The colonists had 
hardly gotten established in their new homes, when George 
Howe, one of the assistants, having strayed off two miles 
from the fort catching crabs on the shore opposite the main- 
land, was set upon by some savages, receiving sixteen 
wounds from arrows, and was slain. This was an evidence 
of hostility that White at once sought to allay. He sent 
Stafford with twenty men, accompanied by Manteo, who 
along with another Indian, Towaye, had gone to England 
and had now returned, to Croatoan, where Manteo's mother 
and kindred were ; and from these friendly Indians it was 
learned that some savages from the mainland had taken the 
men left by Grenville unawares, had killed some of them, 



settled 



42 WHITE'S VOLONY, 1587-91 

^ set fire to the house where they had taken refuge, and driven 

them from the island ; they taking their boat and going to 
an island near Hattorask, after which they had never been 
seen. They also said that it was a remnant of Wingina's 
men dwelling at Dasamonquepeuc who had slain Howe. To 
establish more amicable relations with these hostile Indians, 
the Croatoans were requested to go over to their towns and 
proffer them the friendship of the English, who promised 
to forgive and forget all past offences ; and it was agreed 
that this embassy was to return with the answer within seven 
days. At the end of the time, no answers being received, 
White deemed it best to strike a blow to show that the 
colonists were to be dreaded. At night, accompanied by 
Stafford and twenty-four men and Manteo, he crossed over 
to Dasamonquepeuc and secreted his force near the Indian 
town ; and early in the morning he opened fire on some 
Indians discovered there. Unfortunately, these were not 
the hostiles, who, fearing punishment for the murder of 
Howe, had fled, leaving their corn standing in the fields ; but 
they were some of the Croatoans who had gone there to 
gather the corn. White, disappointed in his revenge, de- 
spoiled the fields and returned home. The colony being now 
settled, on August 13th a ceremony was performed at Roa- 
noke that gave expression to the gratitude of Raleigh and the 

_, , . colony for the faithful and friendly services of Manteo. 

The baptism ^ r r^ itlt i-ri • 1- 

of Manteo By commaud of Sir.Walter, the rite of baptism was admm- 

Dare "^'"'^ istcred to Manteo, and there was conferred on him the order 
of Knighthood ; and he was created Lord of Roanoke and 
Dasamonquepeuc. And five days later another interesting 
event occurred, the birth of the first English child born in 
America. On August i8, 1587, Eleanor Dare, wife of 
Ananias Dare and a daughter of the governor, gave birth to 
a daughter, who the next Sunday was christened Virginia, 
because she was the first Christian born in the new country. 
A few days later, also, was born to Dionysius Harvie and 
his wife, Margery, a child, whose name, however, has not 
been preserved. 

The colonists to remove into the interior 

It was now discovered that certain other particular sup- 




'PUBLIC Lia,=?ARYl 
'i 
^^Astor, Lesftx a 

1909 





O^^ HERE. THE KING OF PASPAHEGM REPORTED/ 

OUR MEN TO BE., AND 'v/ANJ TO GO. 



MACHOMONCMOCOK 



MERE PEMAINETH^-^ V, AOMOCAWAUNK 
POUR MEN CLOTHED ' 
THAT CAME PROM 
ROONOCK TO 
OCAWAMONAN . ^ 





The Lost Colony 



WHITE RETURNS TO ENGLAND 43 

plies were needed, as this was intended to be a permanent ^J^ 

settlement; and there was consultation as to who should 
return with the fleet to obtain them. It was finally deter- 
mined that White himself would answer the purpose best, 
and he agreed to go with the vessels back to England. But 
before his departure it was resolved that the colony should 
remove to some point about fifty miles in the interior ; and 
it was agreed that they would, on departing from the island, 
leave some sign indicating their location ; and if in distress, 
a cross would be the sign. It is probable that this point, 
fifty miles in the interior, where the colony was to locate, 
was the highland near Ohanoak, where there were goodly 
cornfields and pleasant surroundings. 

At length, the fleet being ready to sail, on August 27th, 
after a month's sojourn with the colony, White embarked 
and departed for England. On the return voyage he met 
with many perilous adventures, but finally, about the middle 
of October, made land at Smerwick, on the west coast of 
Ireland, and in November reached Hampton. With him Doyie, 
came to England still another Indian, who, accepting Chris- Ar 
tianity, was baptized at Bideford Church ; but a year later 
died, and was interred there. When the colonists receded 
from White's view, as he left the shores of Virginia, they 
passed from the domain of history, and all we know is that 
misfortune and distress overtook them ; and that they mis- 
erably perished, their sad fate being one of those deplorable 
sacrifices that have always attended the accomplishment of 
great human purposes. 

Conditions in England on White's arrival 

On White's arrival, in November, 1587, seeking aid for 
the colony, doubtless the merchants and others who had 
ventured their means with Raleigh in this last attempt at 
colonization and trade in Virginia, were willing to respond ; 
but there were rumors of the preparation in Spain of a great 
Armada to invade England, and an order had been issued 
forbidding the departure of any vessel from any English 
port. In that period of excitement and alarm, the necessi- 
ties of the distant colonists were of less moment than the 
pressing matters at home. Still Raleigh, exerting his per- 



English in 
\merica, 
I, 72 



44 WHITE'S COLONY, 15S7-91 

1^ sonal influence, obtained a license for two small vessels to 

sail, and on April 25, 1588, White departed with them from 
Bideford for Virginia. The captains, however, were more 
intent on a gainful voyage than on the relief of the colonists, 
and betook themselves to the hazardous business of making 
prizes. At length one of them, meeting with two ships of 
war, was after a bloody fight overcome and rifled, despoiled 
and disabled^and she returned to England within a month; 
and three weeks later, the other, equally badly served, came 
T^g home without having completed the voyage. Soon after- 

A^rmad"^'^ Ward, the great Armada appeared, and Raleigh was among 
July 21-29, those who made havoc of the Spanish galleons in the "morris 
dance of death," that, beginning in the straits, lasted around 
the north of Scotland and on the coast of Ireland. Im- 
mediately on his return he was challenged to mortal combat 
by the queen's favorite, the handsome boy, Essex, and for a 
time retired to Ireland in seclusion. But soon all his powers 
and resources were employed in distressing Spanish com- 
merce and in taking rich prizes, while England was again 
and again threatened with Spanish invasion. In the follow- 
ing March, 1589, because, perhaps, both of his public em- 
ployments and of the greater facilities of the merchants to 
care for the colonists, he transferred his rights in Virginia 
EngUs'h by an assignment or lease to Thomas Smith, White and 
in America, Qthgrs. aud relinquished his interest in the colony. What 
Edwards' particular efTorts these merchants made to relieve the 

Life of i 

Raleigh, planters are not recorded ; but White afterward men- 
tioned "having at sundry times been chargeable and trouble- 
some to Sir Walter for the supplies and relief of the planters 
in Virginia." Because of the inhibition of the sailing of 
merchant ships from England, no opportunity presented for 
White to return to Virginia until early in 1591. He then 
ascertained that John Watts of London, merchant, was about 
to send three vessels to the West Indies ; but when they were 
ready to depart, a general stay was again commanded of all 
ships throughout England. Taking advantage of this cir- 
cumstance. White applied to Sir Walter to obtain a special 
license for these vessels to sail, on condition that they would 
transport a convenient number of passengers with their fur- 
niture and necessaries to Virginia. The license was obtained 



1, 91 



THE HISTORICAL RESULT 45 

by Raleigh, but the condition was not observed ; and the only ^ 

passenger they would take was White himself, and no pro- 
visions for the relief of the colonists. 

White sails for Roanoke 

Leaving Plymouth on March 20, 1591, they sailed for the 
West Indies and sought to make prizes, and had some des- 
perate encounters. Eventually, on August 3d, they reached 
Wokokon, but were driven off by a storm. On Monday, 
the 9th, however, the weather being fair, they returned and 
anchored and went on shore, obtaining a supply of fresh 
water and catching great stores of fish. On the morning of 
the 1 2th they departed, and toward night dropped anchor at 
the north end of Croatoan. The next morning they sounded 
the inlet there, and then, on August 15th, came to anchor 
at Hattorask, seeing a great smoke on Roanoke Island. The 
next morning, after directing signal guns to be fired, to warn 
the colonists of their presence, they entered the inlet ; but 
observing a great smoke toward the southwest, they landed 
and proceeded to it, only to meet with disappointment. Re- 
turning to their vessels, the morning following they set off 
again ; but on passing the bar one of the boats was upset, 
and seven of the crew, including the captain, the mate and 
the surgeon, were drowned, and the remaining men pro- 
tested against proceeding further. Distressing, indeed, was 
the situation of White and unpropitious the outlook of a 
journey begun with such a calamity. But at length the men 
reluctantly yielded and the boats proceeded to the island, 
arriving after night, anchoring off the shore and sounding 
a trumpet call and familiar tunes to evoke a response. But 
all in vain. No answer came, although in the distance a 
firelight was seen. At break of day they landed and hastened 
to the fire, finding no sign of the English. Then pressing 
across the island, they skirted along its western shore until 
they came to the north point near where the settlement had 
been. There on the shore they found a tree on which had 
been cut the Roman letters C. R. O. With despondent C- R- o. 
hearts they proceeded to the place of settlement, and saw 
that the houses had been taken down and the place strongly 
enclosed with a high palisade of great trees, very like a 



46 WHITE'S COLONY, 1587-91 

^ fort; and on a tree was cut the word "Croatoan," but with- 

out the cross or sign of distress. The boats were gone ; the 
pieces of Hght ordnance had been taken away, only some 
of the heavier pieces remaining, and the fort was all grown 
up with grass and weeds, as if long since deserted. A trench 
in which White had buried his boxes had been opened and 
his maps and property scattered, and his armor lay on the 
ground, almost eaten through with rust. It was a scene of 

Croatoan dcsolatiou. There was still a hope, yet it must have been 
but faint, that the colonists could be found at Croatoan. 
White had just sailed along that island and had anchored 
at its northern end and had beheld no sign of the presence 
of any English there. Returning to the inlet, it was, how- 
ever, determined to go again to that island. But after they 
had weighed anchor, the design was relinquished ; and one 
vessel returned to England and the other steered for the 
West Indies. From that time onward the English who 
settled in Virginia were known as Raleigh's Lost Colony. 
They were not forgotten, but were never discovered. 

Raleigh's efforts to relieve the colony 

Edwards' Greater enterprises now absorbed Raleigh, who had be- 

RaUigh come one of the most heroic of that splendid company of 
heroes who brought lustre to the Elizabethan Age ; but still, 
between 1587 and 1602, it is said that he sent out no less 
than five expeditions to seek his unfortunate company in 
Virginia. In 1602 he bought a ship, hired a crew, placed 
Mace it under the command of Samuel Mace, who had twice be- 

fore sailed for Virginia, and in March sent it forth to search 
for the colonists. Mace struck Virginia forty leagues south- 
west of Hatteras, and spent a month trading with the 
Indians as he scoured along the coast ; but without going 
to Croatoan or Hattorask. he returned to Weymouth in 
August. Raleigh hastened there to meet him, and found in 
the same harbor another vessel likewise just arrived from 
Virginia, but which had missed Roanoke also, by forty 
leagues to the northward. He, however, proposed to send 
them both awa}- again, having saved the cost in the sassa- 
fras they brought, which he claimed because of his owner- 
ship of the land under his patent, no one having the right. 



JAMESTOWN INSTEAD OF ROANOKE 47 

he asserted, to trade in Virginia except by his license. The ^ 

next year Richard Hakhiyt, one of the grantees in the charter 
of the City of Raleigh, formally applied to Sir Walter for 
permission to sail to northern Virginia ; but in the spring 
of that year, 1603, Elizabeth died, and before the summer 
had passed Raleigh was arrested for treason. 

Jamestown settled— The Roanoke colony disappears 

In the meantime the spirit of enterprise which had been 
stimulated by Raleigh's efforts at colonization had grown, 
and Thomas Smith and a few other London merchants, in 
1599, had laid the foundations of the East India Company, 
whose great success led, in 1606. to the formation of another Virginia 
corporation, called the Virginia Company, with two divi- f^6^^"^' 
sions, at the head of one division being Thomas Smith, now 
knighted, and other London merchants and gentlemen who 
had been associated with Raleigh in his enterprise ; and 
on December 19, 1606, Christopher Newport set sail with 
one hundred and forty-three immigrants and. On May 13th, 1607 
settled Jamestown. The next year Newport was directed 
to make an expedition to find Raleigh's Lost Colony. 

The fate of White's colonists 

The colonists, warned by previous mishaps, certainly 
brought with them sufficient supplies to last until a crop 
would mature in the fall of 1588, and they did not neglect 
to begin their planting operations. 

On his return White found no sign of any planting on 
Roanoke Island ; nor was there evidence of any conflict 
with the savages — no graves, no butchery. The dwellings 
had been taken down and removed, and the light ordnance 
had been carried away. The growth of weeds indicated that 
two seasons had passed since the removal, and apparently the 
spot had not been revisited by the colonists in many months. 

On his departure for England, the avowed intention was 
for the colonists to settle fifty miles in the interior ; and when 
he coasted along Croatoan leisurely he observed no sign of 
their presence on the shore. Instead of establishing them- 
selves on that barren sandbank, exposed to the attacks of the 
Spaniards, with no inviting streams, nor fertile fields, nor 
shady forests, they looked westward for a secure and agreea- 



48 WHITE'S COLONY, 1587-91 

1608 |-,je location for their permanent settlement. Fifty miles 

wonld have brought them to the "goodly highlands, on the 
left hand between Muscamungeand Chowanoak," where the 
Indians already had fertile cornfields ; and there, according to 
Indian statements of dififerent sources, they appear to have 
seated themselves on what are now the pleasant bluffs of 
Bertie County. 

Several vessels were at different times despatched to search 
for them ; but none of these entered the great sounds. At 
length, after Jamestown was settled, Newport in 1608 was 
specially directed to make an exploration to discover them. 
An expedition by water did not proceed far and was without 
result. A searching party by land penetrated to the territory 
of the Chowanists and Mangoaks, but did not find the 
colonists. 

Smith in his "True Relation" (1608) repeats information 
derived from the king of the Paspehegh Indians, who re- 
sided above Jamestown, to the eft'ect that there were men ap- 
parelled like himself at Ochanahonan, which seems to have 
been on the Nottoway ; and that there were many at Pana- 
wicke, a region apparently between the Chowan and Roanoke 
rivers. Five years later, William Strachey, the secretary of 
the Jamestown colony, gave some account of the missing colo- 
nists derived from Machumps, a friendly Indian of con- 
siderable intelligence, who had been to England and who 
came freely and often to Jamestown. At Peccarecamek and 
Ochanahonan, the Indians had houses built with stone walls, 
one story above another, having been taught by the English 
who escaped the slaughter at the time of the landing at 
Jamestown. And at Ritanoe there were preserved seven of 
the colonists, four men, two boys and a young maid, who 
having escaped, fled up the Chowan. 

For more than twenty years the colonists were reported 
to have lived peaceably with the Indians and to have inter- 
mixed with them in their locality, beyond the territory of 
Powhatan ; and then on the arrival of the colonists at James- 
town, Powhatan, persuaded by his bloody priests, procured 
their slaughter, he being present on the occasion. Some 
escaped ; but none ever had communication with the James- 
town settlers. 



FATE OF THE COLONY 49 

Peccarecamek was apparently on the upper Pamlico, or ^ 

Tar River; and perhaps a trace of English blood might be 
found in the aggressiveness and fierceness of the Indians of 
that region a century later. 

Traces of the colonists 

If others were preserved on the sandbanks, as they might 
well have been, escaping in their pinnace through the waters 
of the sound, a trace of them possibly came down to posterity 
through their intermixture with the Hatteras Indians. That 
small tribe had always been friendly with the whites : and 
as late as 1709, grey eyes were found among them and they 
cherished a friendship with the English because of their 
affinity, according to their own traditions. Yet there were 
other opportunities for an admixture of the races. Thirty- 
two men of Captain Raymond's company were among them 
twenty days before the arrival of Lane's colony, antl the 
following summer Captain Stafford and twenty men were 
with them until Drake came in June, and doubtless others 
were stationed there the next year to keep watch for the 
expected return of White, until all hope had expired. Other 
than these possible traces no memorial has ever been dis- 
covered of the existence of the Lost Colony, whose mournful 
fate, involved in mystery, has ever been a fruitful theme of 
song and story. 



1629 

C. R., I, 5 



THE SECOND EPOCH— 1629-63 

PERMANENT SETTLEMENT 



CHAPTER V 



Charters and Colonial Officers 

The charters. — The concessions. — The Lords Proprietors and 
their successors. — I'he Palatines. — Tlie governors, speakers of the 
Assembly, and chief justices. 

Carolana 

Sir Robert Heath's Patent — 30th of October, 1629. 

By this grant Charles I conveyed to his Attorney-General, Sir 
Robert Heath, Knight, his heirs and assigns forever so much of the 
Continent of America as lay between 31 and 36 degrees of North 
latitude, — "to have, exercise, use and enjoy in like manner as any 
Bishop of Durham within the Bishopric or County Palatine of 
Durham in our Kingdom of England ever heretofore had, held, used, 
or enjoyed, or of right, ought or could have, hold, use, or enjoy. 
And by these presents we make, create and constitute the same 
Sir Robert Heath, his heirs and assigns, true and absolute Lords and 
Proprietors of the region and territory aforesaid." 

"Know that we . . . do erect and incorporate them into a 
Province, and name the same Carolana, or the Province of Caro- 
lana." "Furthermore know ye that we do give power to the said 
Sir Robert ... to form, make and enact and publish what laws 
may concern the public state of said Province or the private profit 
of all according to the wholesome directions of, and with the 
counsel, assent and approbation of the Freeholders of the same 
Province." 

"Furthermore lest the way to honours and dignityes may seem 
to be shutt, etc. do for ourselves, our heirs and successors give 
full and free power to the aforesaid Sir Robert Heath, Knight, 
his heirs and assigns to confer favours, graces and honours upon 
those well-deserving citizens that inhabit the aforesaid Province, 
and the same with whatever titles and dignityes (provided they be 
not the same as are now used in England) to adorne at his pleasure." 



THE 

NEW YORK 

PUBLIC LIOrRARYJ 

Aslor, Lefle>- ang TWdtn 
FourihJinni, 
1909 




THE CHARTERS OF 1663 AND 1665 51 



The charter to the Lords Proprietors 1663 

By the first charter, King Charles II on the 20th day of March, 1663, iecond"'^ 
granted to the grantees, the same territory conveyed to Sir Robert charters of 

Tj , . , J • 1 Charles II, 

tieath in 1029, and in large measure granted the same powers ; such, 1663, 1665 
for instance, as that the grantees, with the consent of the freemen, 
should make laws, etc., and that they might bestow titles of nobility, 
not being the same as those in use in England ; and also authorizing 
freedom in religion. The second grant made the 30th of June, 1665, 
extended the territory conveyed so as to embrace "as far as the 
north end of Currituck River, or Inlet, upon a straight, westerly line 
to Weyanoke Creek, which lies within or about the degrees of 36 and 
30 minutes northern latitude; and so west, in a direct line, as far 
as the south seas ; and south and westward as far as the degrees 29, 
inclusive." In other respects the charters were the same; except 
the provision establishing religious freedom is somewhat fuller 
in the second. 

The original Lords Proprietors 

Edward Hyde. Anthony Lord Ashley. 

George Monk. Sir George Carteret. 

William Lord Craven. Sir William Berkeley. 

John Lord Berkeley. Sir John Colleton. 

After Clarendon's death, his share was bought in 1679 by Seth Thedevolu- 
Sothel, on whose death in 1694, it was assigned to Thomas Amy, ''°" °^ 

T J I , 1 i i 1 . . '"S shares 

a London merchant, who had been very active in promoting coloni- 
zation. Eventually this share passed to Honorable James Bertie, 
after whom the county of Bertie was named. 

The share of the Duke of Albemarle was acquired by John Gran- 
ville, Earl of Bath, who dying in 1701, was succeeded by his son, 
John Lord Granville. In 1709 the Duke of Beaufort acquired this 
share and devised it to James Bertie in trust for his sons, Henry 
and Charles Somerset. His name appears in a county and in the 
seaport town called in his honor, when he was Palatine. 

The Earl of Craven's share, he having no descendants, passed to 
his grand-nephew, William Lord Craven, whose son William, Lord 
Craven, succeeded him. That name is also perpetuated in a county. 

The share of John Lord Berkeley came to his son. John, an 
admiral of great merit ; but it had been forfeited, and in April, 1698, 
was sold to Joseph Blake, on whose death it descended to his son 
of the same name. 

On the death of Shaftesbury, his share passed to his son, Lord 
Ashley. 



52 CHARTERS AND COLONIAL OFFICERS 

1663 -1776 George Carteret dying in 1679, was succeeded by his infant son, 

who was represented by the Earl of Bath. This second George 
Carteret dying about 1695, was succeeded by his son, George Car- 
teret, who at the time of the purchase by the Crown in 1729, was 
lieutenant-governor of Ireland, and in 1742 overthrew Walpole's 
administration and became prime-minister. About that time, on 
the death of his mother, the Countess of Granville, he became Lord 
Granville. He would not sell his share to the Crown, and in 1744 
it was set apart to him in the northern half of North Carolina. 
.A.fter the Revolution it was held by the State, although his heirs 
brought suit to recover it, but failed in the courts. 

On the death of Sir William Berkeley, 1677, his share was sold 
by his widow to John Archdale for his son Thomas. Afterward in 
1684 she and her husband, Philip Ludwell, sold it again to Sir 
Peter Colleton for 300 pounds. Sir Peter purchased it for himself 
and three other Proprietors and the title was conveyed to Thomas 
Amy in trust for them. 

In 1705 this share was acquired by John Archdale, who in 1709 
conveyed it to John Dawson, his son-in-law. Later it was sold by 
decree of the Court of Chancery and purchased by Hugh Watson 
as trustee for Henry and James Bertie. 

Sir John Colleton's share on his death in 1666 descended to his 
son, Sir Peter, who held it until 1694, and who was succeeded by 
his son. Sir John Colleton. All of the shares were bought by the 
Crown in 1729, except that of Sir George Carteret. 

Palatines 

McCrady's ^- Di'^e of Albemarle, October 16, 1669. 

South 2. John Lord Berkeley, January 20. 1(370. 

Carolina, 1, 

716 3. Sir George Carteret, February 5, 1679. 

4. William Earl of Craven, November 20, 1680. 

5. John Earl of Bath, April, 1697. 

6. John Lord Granville, January 10, 1702. 

7. William Lord Craven, 1708. 

8. Henry Duke of Beaufort, November 8, ,1711. 

9. John Lord Carteret, August 10. 1714, and he so continued 
until ihe sale to the Crown in 1729. 

John Lord Berkeley did not attend the meetings of the Proprietors 
after 1671, Shaftesbury being then the particular manager. 

Governors of Albemarle under the Proprietary Government 

William Drummond, appointed October, 1664 — October, 1667. 
Samuel Stephens, appointed October, 1667. Died December, 1669. 
Peter Carteret, appointed October, 1670. Left colony May, 1673. 



GOVERNORS, SPEAKERS AND CHIEF JUSTICES 53 

John Jenkins, president of council, appointed May, 1673. 1663 -1776 

Thomas Eastchiirch, appointed November, 1676. Never qualified. 

Thomas Miller, appointed 1677. Deposed by Culpepper. 

John Culpepper, in power, 1677-78. 

Seth Sothel, appointed 1678. Captured by Algerines. 

John Harvey, appointed February 5, 1679. Died August, 1679. 

John Jenkins, president of council, appointed November, 1679. 

Henry Wilkinson, appointed February 16, 1681. 

Seth Sothel, arrived 1682. Deposed fall of 1689. 

Governors of North Carolina under the Proprietors 

Philip Ludwell, appointed December 5, 1G89. 
Thomas Jarvis, deputy, 1691-94. 
Thomas Harvey, deputy, July, 1694 — July, 1699. 
John Archdale, governor, 1695. 

Henderson Walker, president of council, 1699- 1704. 
Robert Daniel, deputy governor, 1704-05. 
Thomas Cary, deputy governor, 1705-06. 
William Glover, president of council, 1706-08. 
Thomas Cary, president of council, 1708 — January, 171 1. 
Edward Hyde, governor, January, 171 1 — September, 1712. 
Thomas Pollock, president of council, September, 1712-14. 
Charles Eden, governor, 1714-22. 
Thomas Pollock, president of council, 1722. 
William Reed, president of council, 1722-23. 
George Burrington, governor, 1724-25. 
Sir Richard Everard, governor, 1725-31. 

Governors of North Carolina under the Crown 

George Burrington, February 25, 1731 — November, 1734. 
Gabriel Johnston, November, 1734 — July, 1752. 
Nathaniel Rice, president, July, 1752 — January, 1753. 
Matthew Rowan, president, January, 1753 — November, 1754. 
.A^rthur Dobbs, November, 1754 — March 28, 1765. 
William Tryon, March, 1765 — June 30, 1771. 
James Hasell, president of council, July i, 1771 — August, 1771. 
Josiah Martin, August, 1771. Expelled 1775. 

Speakers of the Assembly 

George Catchmaid, 1666. William Swann, 171 1. 

Thomas Eastchurch, 1675. Edward Moseley, 1715. 

Thomas Cullen, 1676. Edward JMoseley, 1722. 

John Porter, 1697. Maurice Moore, 1726. 

Edward Moseley, 1708. John Baptista Ashe, 1727. 



54 



CHARTERS AND COLONIAL OFFICERS 



16 63-1776 Thomas Swann, 1729. 
Edward Moseley, 1731. 
William Downing, 1734. 
John Hodgson, 1739. 
Sam Swann, 1743. 
John Campbell, 1755. 

Chief justices of North 

Christopher Gale, 1712. 
Tobias Knight, 1717. 
Frederick Jones, 1718. 
Christopher Gale, 1722. 
Thomas Pollock, 1724. 
Christopher Gale, 1724. 
William Smith, 1731. 
John Palin, 1732. 
William Little, 1732. 
Daniel Hanmer, 1733. 



Sam Swann, 1756. 
John Ashe, 1762. 
John Harvey, 1766. 
Richard Caswell, 1770. 
John Harvey, 1772-75. 



Carolina 

William Smith, 1734. 

John Montgomery, 1743. 

Edward Moseley, 1744. 

Eleazar Allen, 1749. 

Enoch Hall, 1749. 

James Hasell, 1750. 

Peter Henley, December 5, 1755. 

Charles Berry, 1758. 

James Hasell, 1765. 

Martin Howard, 1766-76. 



CHAPTER VI 

Beginnings of Permanent Settlement in Albemarle 

Conditions in America. — Virginia under the treaty with Parlia- 
ment. — Roger Green's explorations. — The king of Roanoke Island. 
— Permanent settlement on the Carolina Sound. — The Restoration. 
— The Cape Fear explored. — Berkeley receives instructions as to 
Carolina. — The name Albemarle. — The Quakers. — The grant of the 
Lords Proprietors. — William Drummond, governor of Albemarle. — 
The second grant. 

Conditions in America 

The disturbed condition of England prior to her civil '660 

war led to an immense emigration to the New England 
plantations, and at the close of that period of unrest, marked 
by the execution of the king in 1649, settlements had ex- 
tended into Rhode Island, Connecticut and New Hampshire. 
Maryland also had prospered, and Virginia's population, 
which in the first years after settlement increased but slowly, 
numbered twenty thousand souls, and extended far into 
the interior and well along the sluggish waters of the 
Nansemond. 

The region south of the thirty-sixth parallel, which under 
the name of Carolana had, in 1629, been granted by King 
Charles I to his attorney-general, Sir Robert Heath, had 
not been settled ; and the wilds of Carolana remained un- 
occupied save by the copper-colored aborigines. 

While the civil war was raging at home, the Puritans of 
New England adhered to Parliament, but Virginia remained 
faithful to the Crown, winning by her loyalty the name of 
the Old Dominion; and upon the death of hig father, 
Charles H, then in exile, transmitted to Sir William Berke- 
ley, who had been the royal governor for a decade, a new 
commission confirming his authority. 

Virginia under the treaty 

Parliament, however, was not indifferent to the attitude 
of those colonies that continued to sustain the monarchy, 
and its power being fully established at home, in convenient 



56 BEGINNINGS OF PERMANENT SETTLEMENT 

l^'j season took measures to assert its supremacy in Virginia. 

On one hand, it threatened war ; in the other it held out 
the olive branch of peace, offering terms that could hardly 
be refused. The Old Dominion preferred peace, and a 
formal treaty was agreed to in 1652 that secured to Virginia 
almost complete independence. The Assembly obtained the 
right of choosing all the officers of the colony, including the 
governor, -who had formerly been appointed by the Crown, 
and of defining their duties and privileges. It also secured 
the high power of regulating commerce, and, without regard 
to the British navigation acts, it declared that trade should 
be absolutely free with all nations at peace with England. 
The right of sufiFrage was extended to all freemen, and 
"Dissenters" had full religious liberty ; but under one clause 
of the treaty the prayer-book was not to be used in the 
churches. Of churches, there were none except in the very 
heart of the colony, and ministers were so few that a bounty 
was offered for their importation.* 

^anwoft, Thus between the treaty of peace, in 1652, and the 

Restoration, in 1660, the Old Dominion enjoyed a republi- 
can government, and local independence. Indeed, Virginia 
has the distinction of having been the first community in the 
world whose government was organized on the principle of 
manhood suffrage, where all freemen, without exception, 
had an equal voice in the government, and their representa- 
tives chose the administrative officers and controlled public 
affairs. It was near the close of a decade of growth under 
the favorable influences of virtual independence, that the in- 
creasing population led to an overflow of the inhabitants 
into the territory north of the Albemarle Sound, and per- 
haps the movement was quickened by some apprehensions 
that the downfall of the Commonwealth, then imminent, 
would usher in a new era of religious intolerance. 

Roger Green's exploration 

The Nansemond penetrates near to the head waters of 
the Chowan, and before 1653 Roger Greenf had explored 

*In 1658, while the Dissenters still held sway, Quakers were 
banished. 

tRoger Green is mentioned as "Clarke," by which he is understood 
to have been a clergyman, and it may be, if he was a member of the 



EXPLORATION EXTENDED 57 

that fertile region, and some of the inhabitants of Nanse- ^ 

mond were considering a removal to that attractive country. 
Green obtained from the General Assembly of Virginia a 
grant of ten thousand acres for the one hundred persons who 
should first seat on the Roanoke and on the lands on the 
south side of the Chowan ; and "as a reward for his own 
first discovery and for his encouraging the settlement," 
he was granted a thousand acres for himself. But while his 
enterprise may have led to the subsequent settlement, no 
memorial of his being concerned in it has come down to pos- 
terity. The waters of the great sound had been explored 
and were well known to Virginians, and about the year Drew^inCar- 
1646 two expeditions had been made from Virginia against °'"''' ^ 
the Indians on the sound : one by land, under General Ben- 
nett, and the other by water, under Colonel Drew. Drew's 
vessels entered Currituck Sound and proceeded as far as 
the Chowan River. At the mouth of Weyanoke Creek he 
had an encounter with the Indians, with whom, however, he 
soon established a peace ; and shortly afterward Henry 
Plumpton, who had been on that expedition, together with 
Thomas Tuke and several others, purchased from the ^ r i 5 5 
Indians all the land from the mouth of Roanoke River to 
Weyanoke Creek. But they did not take possession, and 
no settlement was made at that time. 

In 1654, Francis Yardley, then governor of Virginia, Expiora- 
mentioned in a letter that small sloops were employed in "°"^' '^^4 
visiting the sounds of Carolina, and in hunting and trading 
for beavers. In that year such a vessel, having left a couple 
of her crew near Lynnhaven, where Yardley resided, he sent 
his son and some other men to hunt for the sloop. These 
visited the ruins of "Sir Walter Raleigh's fort" on Roanoke 
Island, then in a good state of preservation, and had 
friendly intercourse with the king of the Roanoke Indians, 
whom they induced to visit the governor at his home, xhekingof 
When the king of Roanoke came to Lynnhaven, he brought fj^"^""^ 
with him his wife and one son, and during their sojourn 

Church of England, he was seeking to lead his flock to new homes, 
where they could use the prayer book without restraint. 



58 BEGINNINGS OF PERMANENT SETTLEMENT 

1654 there they all accepted Christianity and were baptized. 

Yardley sent six carpenters to Roanoke Island to build an 
English house for the king, whose son remained at Lynn- 
haven to be taught to "read out of a book." With the co- 
operation of this king, an extensive exploration was then 
made throughout the eastern portion of Carolina, where a 
Spaniard was found living among the Tuscarora Indians, 
and a purchase was made from the Indians of the territory 
drained by three rivers, covering a large scope of country, 
which probably lay north of Albemarle Sound. There were 
further explorations, and in 1656 the General Assembly of 
Virginia commissioned Colonel Thomas Drew and Captain 

sia'tu'tes^ Thomas Francis to make discoveries between Cape Hatteras 
and Cape Fear. 



Permanent settlement on the Carolina Sound 

But whatever settlement was then in contemplation, it was 

probably arrested by an outbreak of the Indians, who now 

began active hostilities on the northern confines of Yir- 

The Recha- giuia. lu 1656, scvcral fierce tribes, known as the Rechahec- 

ri cc ri^ lis 

rians, several hundred strong in warriors, established them- 
selves near the falls of the James, and in a great battle 
defeated the forces sent against them. But while this dis- 
aster and the Indian depredations to the northward for a 
time checked any movement to establish distant plantations 
in the wilderness, yet when peace was restored and the de- 
sire to seek new locations again began to be felt, the favor- 
able situation of the region bordering on the Carolina Sound 
speedily attracted the attention of the adventurous pioneer. 
On the south it was protected by the wide sound ; on the 
north and east the Indians were but few and had much 
intercourse with the whites ; on the west were the Tus- 
caroras, who although a strong and brave nation, were not 
unfriendly in their disposition. Their hunting grounds that 
lay southward toward the Neuse had not been encroached 
upon, while many traders, trafficking in their furs, supplied 
them freely with those commodities they desired. Distant 
from the vicinity of the fierce and troublesome tribes of the 
upper James, the mild climate and fertile soil of the region 



THE FIRST PIONEERS 59 

bordering on the landlocked sounds near Nansemond '_f^ 

offered many inducements to settlers, and so it came about 
that in 1659, or thereabouts, the permanent settlement of senremen"! 
Carolina began. It was a movement so natural that the '^^'^ 
particulars are not recorded in the local annals of the time. 
A few active spirits, perhaps more adventurous than their 
neighbors, resolved to make new homes in a more attrac- 
tive locality. It was no great company, perhaps a dozen or 
twenty men, who may have come from Nansemond through 
the wilderness, or may have brought their supplies and 
implements for house building by water from some con- 
venient point in Virginia. The roll of these companions in 
the enterprise of establishing "new plantations" to the south- 
ward has not been preserved, and only incidentally have 
the names of some of them been recorded. All we know is 
that they came not as conquerors, writing their names in 
blood on the scroll of Fame, nor yet were they exiles from 
the habitations of mankind for conscience' sake. It was a 
time of peace in Virginia, when the freemen still governed 
themselves, chose their own officers and made their own 
laws. It was not oppression that drove these first settlers 
into the wilderness. They were not discontented with the 
democratic-republican institutions under which they were 
living. They were not fleeing from the ills of life, nor Reasons for 

■^ -^ " settlement 

plunging into the primeval forest to escape the tyranny of 
their fellow-men. But they were bold, enterprising, hardy 
Virginians, nurtured in freedom's ways, who were wooed to 
this summer land by the advantages of its situation. The 
movement involved no great change. It was merely a 
removal of a few miles beyond the outlying districts of 
Nansemond, with water communication to the marts of trade 
on the Chesapeake. Nor did they come without the sanction 
of the Indians, who were to be their neighbors in these "new 
plantations." They bought their land from the king of the 
Yeopims with the consent of his people, and their doorsills 
were not stained with blood, nor were their spirits tortured 
with apprehensions of butchery. They came in peace and 
were received as friends by the native inhabitants who sur- 
rounded them. Among the earliest who were seated were 



6o BEGLyyiNGS OF PERMANENT SETTLEMENT 



1661 

I'urant, 
1662 



1665 



John Battle, Dr. Thomas Relfe, Roger Williams and Thomas 
Jarvis ; and with the first who came was George Durant, 
who, however, did not select a plantation at once, but spent 
two years in exploring, and bestowed much labor and cost 
in finding out the country, with its rivers, channels, passages, 
and conveniences, and then he bought from Kilcocanen, 
king of Yeopim, with the consent of his people, a tract on 
Roanoke Sound, upon a point then known as Wikacome, 
but ever since called Durant's Neck. This conveyance bears 
date March i, 1661, but as the English year then began on 
March 25th, that date may answer to March, 1662. In this 
deed, Kilcocanen mentions that similar purchases had previ- 
ously been made by other settlers ; and a few months later 
Durant purchased a second tract from the friendly king 
of the Yeopims.* 

Durant at once began his clearing, and as the location of 
any previous settlement has not been ascertained, Durant's 
Neck is the oldest known clearing in Albemarle. 

Quickly after the arrival of these first pioneers others were 
attracted to the "new plantations." Lawson, writing about 
fifty years later, mentions that "the first settlement was by 
several substantial planters from Virginia and other planta- 
tions ; and the fame of this newly discovered country spread 
through the neighboring colonies and in a few years drew a 
considerable number of families to join them." Among those 
who followed, buying Indian titles, were George Catchmaid, 
of Treslick, Gentleman ; John Harvey and Captain John 
Jenkins. 

Thomas Woodward, the surveyor-general and a member of 
the council when the government was first established in 
Albemarle, writing to the Proprietors on June 2, 1665, refers 
to the quitrent exacted by them, and says that the people 
will not "remove from Virginia upon harder conditions than 
they can live there ... it being land only that they 
come for." Woodward also mentions that he had been many 
years endeavoring and encouraging the people to seat Albe- 

*Recorded in Book A, Perquimans County Records. 



REASONS FOR SETTLEMENT 6i 

marie, and that "those that live upon a place are best able '^^ 

to judge of the place, therefore the petition of the General c. r., i, loo 
Assembly that was here convened will deserve your Honor's 
serious consideration." 

It appears that the people were drawn to Albemarle because 
of the land, but protested against paying a higher quitrent 
than was exacted of them in Virginia, and they gave expres- 
sion to their wishes in a petition of the Assembly at the 
first session held in Albemarle. 

These early purchases were made on the supposition that 
the lands were beyond the limits of Virginia, and the first 
settlers probably thought they would be free from the pay- 
ment of quitrents and other public charges. They believed 
themselves outside the bounds of the Old Dominion and 
within the wilds of Carolina. Of Carolina the Common- 
wealth had taken no notice, but now the Commonwealth itself 
had passed away, and the change in the mother country 
inaugurated changed conditions in the forests of the 
Roanoke. 

The House of Commons, that half a century before had 
emphasized, by the Petition of Right, its unswerving and 
resolute purpose to maintain constitutional liberty, was the 
wealthiest body that had ever assembled in England. It 
fully represented in the purses of its members the property 
of the kingdom. After varying developments, active hos- 
tilities subsequently began between the Long Parliament 
and the king, and in the course of the struggle the army 
under the control of the Independents came to be the ruling 
element, Oliver Cromwell, as its general, attaining supreme 
power. By excluding a large number of the House of 
Commons ; by abolishing the House of Lords ; by parcelling 
out England into satrapies governed absolutely by his major- 
generals, who systematically levied forced contributions from 
the inhabitants, and by controlling parliaments at will, 
Cromwell laid the foundation for a widespread sentiment in 
favor of a return to the old constitution. In deference to 



The Res- 
toration 



62 BEGINNINGS OF PERMANENT SETTLEMENT 

1660 tiiis public demand, he contrived a simulation of the three 

estates, and he himself became Protector, representing the 
sovereign ; and in semblance he established a House of Lords, 
appointing to it nobles of his own creation. But the military 
influence controlled by the Independents dominated, and the 
discontent continued to grow in volume and intensity. 
Property that had opened the struggle with Charles I now 
cast about for some hope of security, and the Presbyterians 
equally with the Churchmen were ready to try the Stuarts 
once more as an escape from the domination of the Inde- 
pendents. Such were the conditions on Cromwell's death, 
when his son Richard succeeded to his office, but could not 
wield his power. The army, recognizing Richard's feeble- 
ness, fell away from him, and Cromwell's system, losing its 
military support, tottered to its fall. The end of the pro- 
tectorate had come. At a call from the army the "bloody 
rump," which Cromwell had disbanded and suppressed, again 
met, while cries for a free Parliament rang throughout the 
kingdom. General Monk, in command of the forces in Scot- 
land, maintaining an impenetrable silence, twice purged his 
army of Independent zealots, and marched rapidly to 
London, where he arrived in February. Under the lead of 
Ashley Cooper, a man of great wealth and of superior 
talents, who had espoused the cause of constitutional liberty 
but had separated himself from Cromwell's government, the 
majority of the Long Parliament who had been ejected by 
Pride's Purge, after many years of exclusion, in March, 1660, 
forced their way back to their seats, and after calling for the 
election of a new Parliament, adjourned sine die that body 
which had survived through so many years of turmoil and 
revolution. The new Parliament, known as the "Convention 
Parliament," met on the 25th of April. Ashley Cooper 
hastened with a delegation to Holland to invite Charles to 
occupy his throne. Monk, still sphinxlike, controlled his 
fifty thousand red coats — the uniform of Cromwell's Iron- 
sides — who, appalled, in gloomy silence submitted to the 
complete and final overthrow, by their own general, of the 



EXPLORATION OF THE CAPE FEAR 63 

power they had so long wielded in governing the Common- ]^^ 

wealth. Within a month Charles had landed, largely owing 
his restoration to Ashley Cooper's management and to 
Monk's resolute control of the hostile army ; to Clarendon's 
counsel, and to the fidelity of loyal friends, who never for- 
sook his cause. 



The Cape Fear explored 

While these events were stirring England to its very foun- j66i 
dation, and, by the overthrow of the Independents, the sup- 
pression of the Republicans and the restoration of the 
monarchy, had prepared the way for a new exodus from the 
mother country, perhaps because of the favorable reports 
spread abroad concerning the summer land of the "new 
plantations," attention was drawn to Carolina as a desirable 
location for a new colony. From the north and the south 
alike now came explorers. Massachusetts had at different 
times projected colonies to the southward, and her vessels 
traded along the coast and up the Chesapeake, and after 
an exploration of the Cape Fear River, perhaps as early 
as 1661, an association was formed in Massachusetts to 
establish a plantation there, and the assistance of some Lon- 
don merchants was invoked with the expectation that they 
would supply the needed capital. But if New England was 
looking to a more temperate climate with a view to coloniza- 
tion, there were adventurers at Barbadoes who were likewise 
casting longing eyes to the shores of Florida, as they then 
usually called Carolina. Barbadoes had been settled by the 
English in 1625, and during the civil war many Royalists 
found refuge there, and a considerable number of prisoners 
taken in battle were transported thither, so that the popula- 
tion had become numerous, and some of the more active 
spirits were intent on bettering their fortunes in a new settle- 
ment. Captain William Hilton, with his vessel, the Adven- 
ture, was despatched by John Vassall and others from 
Barbadoes to explore the Carolina coast, and he had ascended 



64 BEGINNINGS OF PERMANENT SETTLEMENT 

1663 the Cape Fear and had made a favorable report of it. 

Letterof Shortlv afterward the first of the proposed settlers from 

p. Colleton, -' f tr 

fee-"^'"' New England came to the Cape Fear, but perhaps because 
c. R., 1, 39 Hilton had made his exploration and their title would be 

disputed, without locating permanently they turned loose 
j,^^, their cattle on the cape, and having deposited in a box a 

fn"ca"e^" papcr Writing in which they sought to disparage that region, 
^'^"^ they returned home and spread evil reports of both the 

soil and the harbor. Some other vessels had followed them 

from New England, but these also returned without making 

a settlement. 



Berkeley receives instructions about Carolina 

c.R.,i, While these movements looking to a settlement in Carolina 

were in progress. Sir William Berkeley was again governor 
of Virginia. That devoted loyalist had been removed from 
office when the Old Dominion yielded to the authority of 
Parliament in 1652, but after the abdication of Richard 
Cromwell and before the Restoration, he had been elected 
governor by the General Assembly, and was holding his 
office at the will of the Virginians when Charles regained 
his throne. The following year he visited England to pay 
his court to the restored monarch, returning to Virginia in 
November, 1662. 

While in England he represented the situation of the 
settlers on Carolina, or Roanoke Sound, as it was sometimes 
called, who had purchased their lands and received deeds 
from Kilcocanen, and regarded themselves as beyond the 
borders of Virginia, and he received particular directions to 
ignore the Indian titles and to require the inhabitants who 
had settled there to take out patents from him under the 
Virginia laws. Pursuant to this authority, immediately on 
his return, in the autumn of 1662, Sir William announced 
that the inhabitants on Roanoke Sound should no longer 
hold under Indian titles, and he required all who had seated 
land in the "new plantations" to take out patents from him 



PATENTS TO THE PIONEERS 65 

and pay the usual quitrent. Patents were at once taken "^^^ 

out by Thomas Relfe for lands on the south side of Pasquo- 
tank River adjoining Thomas Keele's land ; and by Robert 
Peele for land on Pasquotank River ; by John Harvey for Settlers 
land on Chowan River, and another patent for two hundred 
and fifty acres by John Harvey on the River Carolina adjoin- 
ing Roger Williams's land, Harvey having brought seven- 
teen persons into the colony ; by Captain John Jenkins, who 
had brought in fourteen persons, for seven hundred acres, 
being a neck bounded on the south by the River Carolina and 
on the north by Perquimans River and on the west by the 
great swamp that divides it from Thomas Jarvis's land ; and 
by George Catchmaid for fifteen hundred acres adjoining 
Captain Jenkins, who brought in thirty persons. Dr. Relfe 
had brought with him fifteen persons, and the others a 
greater or a less number. 

Another patent was issued to George Catchmaid for 
Durant's Neck, including George Durant's land. Durant had 
induced Catchmaid to come and seat adjoining his premises, c.r.,i, 59 
and when Berkeley's instructions were made known. Catch- ^'"^■ 
maid undertook to obtain a patent for Durant as well as 
for himself, but instead of doing so, he took out one patent 
covering both premises. He thereafter executed an agree- slc.^ofsfa^e 
ment to make a conveyance to Durant, which led to a law- 
suit, the record of which is full of historical interest. 

Doubtless there were many other such patents issued to 
those who had purchased Indian titles ; but these serve to 
preserve the names of some of the earlier settlers, and they 
show that they did not come empty-handed, but, as 
Lawson says, they were men of substance, each attended 
by a considerable retinue of servants. George Durant 
came to be one of the most influential inhabitants of 
Albemarle. 

George Catchmaid, Gent., of Treslick, became the first 
speaker of the Assembly and his widow married Timothy 
Biggs, who afterward became one of the early Quakers and 



66 BEGINNINGS OF PERMANENT SETTLEMENT 

'^ was the first surveyor of customs. John Jenkins became gov- 

ernor, as did John Harvey; Dr. Thomas Relfe attained 
the age of ninety, and has descendants still Hving in Albe- 
marle, and Thomas Jarvis was deputy governor, 1691-94, 
and there are Peeles also in that section, and many Battles 
in the State. A little later Roger Williams's executrix 
married Edward Has well. There are two grants on record 
for land embraced in two of the above patents, one to Thomas 
Relfe, the other to John Harvey, adjoining t!ie lands of 
Roger Williams, for which a grant was issued sixteen years 
later to John Varnham, being near Skinner's Point, formerly 
known as IMoseley's Point. 
Local names It will be obscrved that in these patents issued before 
the end of September, 1663, by Governor Berkeley, the sound 
itself, once called Roanoke Sound, was designated as the 
Carolina River, its mouth being at the inlet. In London 
the Proprietors named it the Albemarle, saying that it had 
been the Chowan River, and Colleton Island was near its 
CoHeto^ mouth ; while the Roanoke, the Chowan, Pasquotank and 
slMohn Perquimans rivers were already known by those names. 
CoUeton, jj-jg Q^\y [i^Iqi mentioned at that time was Roanoke, in the 

54. 55. and yiciuitv of Collcton Island ; but Ocracoke Inlet was then 

the grants to ' 

Harvey and kuown to cxist, and it was thought to be a bolder one than 

others, ' o 

59 eiseg. Roanokc. By that time the old Hatteras and Croatan inlets 
had closed ; and a new breach had broken through the banks 
opposite the upper portion of Roanoke Island. 

The Quakers 

So far as the records show, the actual settlement began 
about 1659, about the time when New England and Virginia 
were frowning at the new sect, the Friends, then attracting 
attention because of their stubborn opposition to some of 
the established usages of society and government. But that 
was a coincidence rather than cause and effect. At that time 
the number of Quakers in Virginia must have been very 
small. The Societv of Friends was introduced into that 
colony by Elizabeth Harris, who arrived in 1656, and, 



REASONS FOR SETTLEMENT 6y 

remaining but a few months, returned to England the next ^ 

year. In March, 1660, the General Assembly prohibited any 
Quaker from coming into the province, and that adverse 
legislation extended to the Albemarle region equally with 
the other portions of Virginia. Nor, indeed, did any 
Quakers come to Albemarle seeking refuge and a haven. 
Ten years after the settlement, Edmundson came from Vir- 
ginia to Carolina and reached the place he intended, Henry 
Phillips's house, by the Albemarle. "He and his wife," wrote 
Edmundson in his journal, "had been convinced of the truth 
in New England, and came here to live, and, not having seen 
a Friend for seven years before, wept for joy to see us." son'^"j"ou'r- 
Up to 1672 Phillips and his wife were the only Quakers in "'''' ^'"^^ 
Albemarle. On the other hand, it affirmatively appears that 
the settlement was brought about by the ordinary induce- 
ments of a favorable location, as Lawson expressly states ; 
and it may be that the Albemarle country offered some 
inducements in the way of security against the hostility of 
the Indians, whose depredations had checked the expansion 
of the colony on the James. The savages beyond Nansemond 
were not so numerous and were more gentle, and the great 
sounds afforded protection from the southward ; while Fort 
Christiana, on the upper Meherrin, gave security from that 
quarter. There was, however, a breadth of some thirty 
miles intervening between the inhabited parts of Virginia 
and the Albemarle settlement where the Indians roamed at 
will. 

The grant to the Lords Proprietors 

Seeing that the time was ripe for colonizing Carolina, 
Governor Berkeley doubtless conceived the idea of secur- 
ing some advantage from it for himself and others who had 
suffered because of their loyalty to their sovereign. Appli- 
cation was made to the king for a grant of Carolina to 
Sir William, his brother, John Lord Berkeley, Sir John 
Colleton, then at the Barbadoes, who had spent £140,000 
in the king's cause, and a number of other gentle- 



68 BEGINNINGS OF PERMANENT SETTLEMENT 

^ men whose valuable services the king might well have 

rewarded by such a princely gift ; and on March 24, 

J,^'" . 1663, the grant was secured. The grantees were per- 

Pruprietors O' b fe f 

sons of the highest consequence. Edward Hyde, Earl of 
Clarendon, the most illustrious of the king's friends, whose 
daughter had married the king's brother ; General Monk, 
who, having restored the monarchy and placed Charles on 
the throne, had been created Duke of Albemarle ; William 
Earl of Craven, a military officer of great merit, who had 
advanced large sums to Charles ; Ashley Cooper, after- 
ward created Earl of Shaftesbury, who had led the Parlia- 
ment, as Monk had controlled the army ; and Sir George 
Carteret, esteemed the best seaman of his day, who, like 
Colleton and the two Berkeleys, had ever been devoted to 
the fortunes of the Stuarts.* 

'^^^" These grantees were constituted absolute Lords Pro- 

powers •-* 

prietors of Carolina, with full powers of government such as 
appertained to the Palatine County of Durham, and to create 
dignities, the grant being similar to that of Sir Robert Heath, 
the only limitation being that the laws should not be repug- 
nant to the laws of England. Six weeks after the grant 
was issued the Lords Proprietors held their first meeting 
and formed a joint-stock company, and provided by general 
contribution for transporting colonists and for the payment 
of their expenses. But as soon as publicity was given to the 
issuing of this grant, its validity was questioned because 
the same territory had formerly been bestowed on Sir Robert 
Heath ; and Samuel Vassall claimed that he had an assign- 
ment from Sir Robert for the southern half of Carolina for 
a term of years not then expired, and Sir Robert Green- 
field's heirs claimed the other half ; while the heirs of the 
Duke of Norfolk declared that Sir Robert took his grant 
originally in trust for their ancestor ; and IMaltravers, Earl 
of Arundell and Surrey, likewise set up an interest. There 
is some reason to believe that in 1639 a permanent settlement 

*Lord John Berkeley and Sir George Carteret also became the 
owners of New Jersey in 1664. 



PATENT FOR CARD LAN A ANNULLED 69 

was attempted. William Hawley appeared in Virginia as ^ 

governor of Carolina, and leave was granted by the Vir- 
ginia legislature that he might colonize it by carrying a 
hundred persons from Virginia, freemen, being single and 
disengaged from debt, and it was said that Arundell was at 
considerable expense in planting several parts of the country, 
but was prevented from accomplishing his design by the p^^'i-^jof' 
civil war breaking out in England. The assertion of a title 
older than the grant to the Lords Proprietors interfered with 
their contemplated arrangements, and at their instance the 
grant to Sir Robert Heath was annulled by the Privy Coun- 
cil ; but notwithstanding this proceeding, the title to Carolina 
years afterward was claimed by Dr. Coxe, who in a 
memorial to King William III traced his right through 
different conveyances, and who declared that he had explored 
and surveyed a large portion of the country, and his son, 
Daniel Coxe, published an account and map of the territory, 
which he still called Carolana. 

William Drummond governor of Albemarle 

As soon, however, as the title of the Proprietors was 
assured, in September following, they vested in Sir William 
Berkeley the power to appoint a governor for all that part 
of their province which lay on the northeast side of the 
River Chowan, now named by them the Albemarle River, 
the Proprietors being aware that settlements had been made 
in that territory. This, then, is the date of the first use of the 
name Albemarle in connection with Carolina. The Pro- ^ame"if'^'^ 
prietors, in September, 1663, changed the name of "Chowan ^*^'"' '^^-^ 
River," by which they meant "the waters of the sound as far 
as Roanoke Inlet," to Albemarle River, while the same 
expansive waters had also been called the Carolina River ; 
and earlier, the Roanoke River. The date when Governor 
Berkeley discontinued issuing patents for land in Albemarle 
in the name of the king under his instructions as governor 
of Virginia was apparently December 25, 1663; after that 
the patents for land there were issued under the direction 



70 BEGINNINGS OF PERMANENT SETTLEMENT 



1664 of the Lords Proprietors as being in Carolina. The first 

patents, being under the Mrginia law, reserved a rent of 
one farthing per acre, according to the Virginia custom; 
those issued after December 25, 1663, under the instructions 
of the Lords Proprietors, were at the greater rate of half 
penny per acre. But although Governor Berkeley had been 
c.R.,i.2j8 issuing patents for the land on the Albemarle as subject to 
his authority as governor of Virginia, and as not being 
within the limits of Carolina, yet after the grant to himself 
and associates he seems to have refrained from assertmg 
the claim of Virginia to the plantations on the Chowan and 
Pasquotank and to have allowed the Lords Proprietors to 
proceed as if that territory were within their domain. He 
visited the new settlement the following summer, and con- 
formably to their direction, appointed necessary officers and 
organized the government, and he either appointed William 
Drummond, a Scotchman, then a resident of Virginia, to be 
the governor, or recommended him for that post. The Lords 
Proprietors having speedily considered plans for the gov- 
ernment of their province, determined to form counties forty 
miles square, each of which was to have its own governor ; 
and they proposed to lay off such a county on the Chowan 
^oveZr"'^ and to call it Albemarle. It is probable that in October, 1664, 
Oct., 1664 ^j^gy ^^^g g^g^^ ^Q ^l^is purpose, and at that time made out 
and transmitted to Drummond his commission as governor 
of the county of Albemarle, for on January 7, 1665, they 
mentioned in a letter to him that they had previously sent 
him by Peter Carteret his commission as governor of Albe- 
marle Cotmty, but had by mistake stated that it was to con- 
tain forty square miles instead of being forty miles square 
and their plans seem to have contemplated that the ter 
of office for the governor should be three years; and 
c. R.,1.93 October, 1667, a successor was appointed to Drummond^ 
Later, one Nathaniel Batts was mentioned as having been 
governor of Roanoke, and he may have been appointed to 
that office bv Governor Berkeley under the instructions of 
the Lords Proprietors, Roanoke Island not 'being within 



e; 
-rrw 



CAROLINA ENLARGED 71 



Albemarle County as originally laid off, and authority hav- 
ing been given to Berkeley to establish two separate gov- 
ernments, one for each division of territory. 

The second grant 

Probably it was in connection with the organization of the 
new government that attention was sharply drawn to the 
fact that the Albemarle settlement was not in Carolina, but 
was really within the boundaries of Virginia. The Lords 
Proprietors, becoming aware that the limits of Carolina 
just touched the northern shore of the sound and did not 
embrace the plantations that had been settled, hastened to 
apply to the king for an extension of their grant some 
thirty miles further northward, and on Jvme 30, 1665, the 
king was pleased to make this addition to their possessions, 
and issued a second grant or charter, extending Carolina to 
36 degrees 30 minutes north latitude, which has ever 
since been the dividing line between the two territories ; and 
also extending it two degrees further to the southward. 



i66s 



CHAPTER VII 



Settlement on the Cape Fear 

The settlement on the Cape P'car. — Hilton's explorations. — The 
New England Association.— Tlie first settlement. — Sir John Yeamans, 
governor. — Conditions at Charlestown. — Yeamans sails from Barba- 
does. — An Assembly at Cape Fear.— An Indian war. — Dissatisfaction. 
— The Cape Fear River abandoned. — A new Charlestown on Ashley 
River. — Slaverv in the colonies. — The Indian inhabitants 



1662 



Hilton 
makes a 
second 
expedition 



October, 
1663 



C. R., I, 



71 



The settlement of the Cape Fear 

The evil reports set afoot in 1662 by the New Englanders 
in regard to the Cape Fear soon reached Barbadoes, and the 
persons there who had in contemplation a settlement on 
that river thought it expedient, before proceeding further, 
to cause a more particular investigation to be made of that 
locality. Colonel Modyford and John \^assall, the chief 
promoters, again engaged the services of Hilton, who 
with Anthony Long and Peter Fabian, as representatives of 
the association, in August, 1663, set sail on the Adventure 
upon a new mission of discovery and particular exploration. 
They skirted the coast from September 29th to October 2d 
without finding an entrance, and when they were in the 
vicinity of Cape Fear a violent storm came up, and they 
were carried by the strong current of the Gulf Stream 
nearly up to Hatteras. Returning, they reached the outer 
roads of Cape Fear on October 12th, and then visited the 
cape, expecting to find the cattle left there by the New 
Englanders. But the cattle could not be found. Doubtless 
the Indians had feasted upon them. A fortnight later they 
entered the harbor, and finally came to anchor at the junction 
of what they called the Main River and Green River, where 
the town of Wilmington now is. They ascended in their 
boats the northeast branch, naming certain localities Turkey 
Quarter, Rocky Point, and Stag Park ; and likewise the 
northwest branch, and Clarendon River, which they called 



HILTON EXPLORES THE CAPE FEAR 7i 



Hilton; and while they found much poor land and many '663 

pine barrens, and along the streams extensive marshes, on 
the whole they were pleased with the locality as being suit- 
able for a settlement. Indeed, no region is more attractive 
than the Cape Fear in autumn. The soft, moderate climate, 
the fine vegetation, the numerous flowers, the towering pines, 
were all calculated to impress the explorers most favorably. 
After a delightful experience of six weeks spent in explora- 
tion, they turned their backs and dropped down to Crane 
Island, about four leagues from the entrance of the harbor, 
where they purchased the river and the adjacent land from 
Wat Coosa, the king of the neighboring Indians, and his 
chief men, and established friendly relations with them. On 
December 4th they weighed anchor and turned their prow 
southward for Barbadoes, where they arrived after a perilous 
voyage of sixty days. In their report they strongly 
denounced the disparaging statement made by the New Eng- 
enders concerning the Cape Fear lands, and they gave a 
renewed impetus to the projected enterprise. 

But while these steps were being taken at Barbadoes, the 
New England Association had not remained inactive. Still 
purposing to estal)li'sh a colony on the Cape Fear, they 
sought the aid of London merchants to furnish means and 
supplies, and to secure settlers from England, and were 
taking measures to make the enterprise a success. Such was 
the situation when it became known that Carolina had been 
granted to the Lords Proprietors, and that terms of settle- 
ment and title must be obtained from them. 

When this information was received, the London adven- c.r., 1,36 
turers who were associated with the New Englanders 
hastened to apply to the Lords Proprietors for the terms on 
which a settlement could be made, and obtained assurances 
of liberal treatment. The Proprietors, however, claimed the 
privilege of appointing the governor, and this was not satis- 
factory to the New Englanders, who had always enjoyed 
the right of choosing their own governors, and objected 
to any other mode of appointment. But this difference it 



74 SETTLEMENT OX THE CAPE FEAR 

^ was hoped might . be reconciled. Indeed, the Proprietors 

were eager to promote the settlement of their possessions, 
and were active and energetic in doing so, considering the 
pressing demands upon them of their high public em- 
ployment. 

Hardly had they entered upon their negotiations with the 
New Englanders, however, when on August I2th they 
received a communication from Barbadoes, signed by 
Colonel Thomas Modyford and Peter Colleton, who were 
cousins of the Duke of Albemarle, detailing the designs of 
the Barbadoes adventurers and applying for terms of settle- 
c. R., 1, 39 rnent. With these two applications pending, the Proprietors, 
buoyant with the prospects, hastened to respond, and on 
.j.j^^ August 25th they published their first declarations and pro- 

deciarations posals to all that will plant in Carolina. They authorized 
proposals ^j^^t the first settlement should be on Charles River, as Cape 
Fear River was then named ; and announced that the col- 
onists were to make their own laws by their assembly- 
men, by and with the advice and consent of the governor 
and council. Freedom and liberty of conscience in all re- 
ligious and spiritual things were absolutely granted. They 
sought particularly to satisfy the New Englanders, who, 
being Independents, demanded the right of electing their 
governor and all other officers, by agreeing that the settlers, 
before embarking, should present to them the names of 
thirteen of the actual settlers, of whom one would be selected 
for governor, and six more for the council ; and at the end 
of every three years the inhabitants should in like manner 
present thirteen persons from whom the governor and | 
council should be selected. 

But even this was not satisfactory to the London agents 
of the New Englanders, who insisted that the governor 
must be elected by the people. The Proprietors, however, 
disregarded this demand, and, hopeful of final acquiescence, 
sought to consolidate the different interests, and to have the 
adventurers or promoters at Barbadoes associate with them 
those in New England and such persons in London, the 



C. R., 1. 43 



CHARLESTOWN ON THE CAPE FEAR 



/b 



Bermudas and other islands in the Caribbean Sea as could ^ 

be induced to engage in the enterprise. 

These efforts were in some measure successful. The con- 
flicting claims of New England and Barbadoes were recon- 
ciled, and an association, of which Henry Vassall was the 
London agent, was formed to make the settlement. Vassall 
with much persistency continued negotiations for better 
terms, and finally secured concessions which he thought 
would be acceded to, and transmitted them to Barbadoes. 
The promoters at Barbadoes now applied themselves with 
such diligence to the work of preparation that on May 29, May 20,1664 
1664, the first instalment of colonists disembarked on the from New 

England 

banks of the Cape Fear and established themselves at the and 

Harbadoes 

mouth of the creek since known as Old Town Creek, and 
thither soon came accessions from New England, and the 
settlement was apparently on a permanent and solid basis. c.R., 1,156 
The river as early as August, 1663, was called the Charles 
River, in honor of King Charles, and the new town was 
named Charlestown. Five months after this settlement, in 
October, 1664, ^^ the time when the county of Albemarle 
was laid off, the county of Clarendon was established on the 
Cape Fear, and John Vassall was appointed surveyor and 
Robert Sanford register of that county. 

But among the Barbadoes adventurers were some who 
were not favorable to the location on the Cape Fear, and 
preferred a settlement further to the southward. The Pro- 
prietors themselves entertained similar views, and dwelt 
upon the necessity of establishing a colony at Port Royal. 
While willing to foster all projects, they regarded with par- 
ticular favor this new movement. Chief among the pro- 
moters of it were Colonel John Yeamans, his son, Major 
William Yeamans, Colonel Edward Reade and Captain 
William Merrick, and these and their associates were sup- 
posed to have the greatest influence at Barbadoes. Sir John 
Colleton, one of the Proprietors who had resided in that 
island, was a staunch friend of Colonel Yeamans, and recom- 
mended that he should be selected to manage the details of 



County of 
Clarendon 



C.R.,I,75 



76 



SETTLEMENT O.Y THE CAPE FEAR 



1664 



C.R., I,g4 

Yeamans 

governor 

of 

Clarendon 

County 



C.R.,I, 78 



C. R., I. 7q 



"The Con- 
cessions "' 



organizing the colony. Resolved on this course, the Pro- 
prietors ignored the negotiations they had had with Henry 
Vassall as the agent of the association for the settlement 
of Cape Fear and determined to treat with i\Iajor William 
Yeamans, who, in the name of his father and eighty other 
adventurers, made proposals for the exploration of the coast 
and for establishing a colony further to the southward. 

The negotiations being concluded, the Proprietors, in 
order to strengthen the probabilities of success, sought and 
obtained knighthood for Colonel Yeamans, who at their 
instance was created baronet, and on January 11, 1665, they 
appointed him governor of Clarendon County and of all 
of Carolina to the southward and commissioned him lieuten- 
ant-general, and invested him with full powers of control. 
Contemporaneously with this appointment, the Yeamans 
association, including some who had been interested in the 
colony already settled on Cape Fear and other associates in 
England, New England, the Leeward Islands and the Ber- 
mudas, agreed on their part that before the last day of 
September, 1665, they would provide two ships with 
ordnance and munitions and provisions to make a settle- 
ment south of Cape Romania, there to settle and erect 
a fort. These measures being taken looking to colonization, 
the Lords Proprietors now promulgated their "concessions" 
and agreement with all who should settle at Albemarle, at 
Clarendon, and at a county to be established further south, 
which was to be called Craven. 



C.R.,I, 

154-156 



Conditions at Charlestown on Cape Fear 

The Vassall colony at Cape Fear had now been seated a 
year and a half, and the additions had been so considerable 
that a publication intended to promote it claimed that the 
population was already eight hundred. It is said they 
brought with them from the Barbadoes cotton seed, which, 
with corn and pulse, they planted ; and that in their clearings 
they felled much timber, which was profitably shipped to Bar- 
badoes; and thev erected their houses and built forts, and 



THE ARRIVAL OF YEAMANS 77 

made much progress toward establishing permanent plan- ^ 

tations. But despite the influx of population, they were still 
dependent on others for provisions, clothing, and necessaries. c^'r°"i' "^ 
Besides, they had early incurred the enmity of the Indians 
by sending away some of the Indian children under pre- 
tence of instructing them in learning and in the principles 
of the Christian religion ; and although the Indians had 
no guns, only bows and arrows, they annoyed the settlers 
and killed their cattle. The fall of 1665 thus found them 
in a bad case, in want of provisions, clothing and munitions, 
but they were hopeful of speedy relief and were anxiously 
expecting the arrival of the governor with needed succors. 

Yeamans sails from Barbadoes 

For some time great preparations had been making at 
Barbadoes to carry into effect the agreement with the Lords 

. . 1 he king s 

Proprietors. Sir John Yeamans had secured a frigate of s'f' 

his own, the associated adventurers purchased a sloop, and 

the Lords Proprietors bought a fly-boat, the Sir John, of 

one hundred and fifty tons, which were to be used in the 

expedition. On the fly-boat were stored the munitions and 

the provisions and the armament for the fort, a part being 

twelve cannon, a present from the king. By October, all 

being in readiness, the governor and his little fleet set sail 

for Cape Fear. On the way the vessels were separated 1665 

by a great storm, in which the frigate lost her mast and ' " '"' 

came near foundering. But eventually, early in November, 

they all came to anchor before the mouth of Charles River. 

Suddenly, however, a fresh gale swept them from their 

insecure anchorage and drove them to sea ; and upon their 

return the Sir John stranded upon the outer shoals of the 

bar, where she was soon broken to pieces by the violence of 

the waves. Those on board fortunately were saved ; but 

the provisions and clothing, the magazines of arms, the 

powder and the king's cannon were all lost. 

Undismayed by his misfortunes, Yeamans began at once 
to repair his frigate, which with the sloop had gotten safely 



78 SETTLEMENT ON THE CAPE FEAR 



1665 into the river, and proposed to send her back to Ba-rbadoes 

for recruits, while he awaited the result of an exploration 
to the southward by Robert Sanford in the sloop. But the 
necessities of the colonists, heightened by the loss of the 
provisions on the fly-boat, led to a great clamoring that the 
sloop might be sent to Virginia for their immediate relief. 
To this Sir John assented, and having arranged for the 
exploration to be made later by Sanford, he himself returned 
to Barbadoes in his disabled frigate. The sloop reached 
Virginia and obtained a supply of provisions, but on the 
return voyage it was driven on shore at Cape Lookout by a 
violent storm and was cast away. All of the crew except 
two, however, escaped in their boat, and after many perils 
contrived to reach the plantations on the Chowan. 

An Assembly at Cape Fear 

While Sir John was still at Charlestown, probably in De- 
cember, 1665, an Assembly was held for Clarendon County, 
he and his council participating ; and an address was pre- 
pared to be sent to the Lords Proprietors detailing the 
grievances of the colony and asking for redress. Although 
fee^orVee^ Sir John at first agreed to join in this petition, at the last 
he withheld his signature. In it the Assembly, of which 
John A^assall seems to have been speaker, and the council 
complained of the terms set out in "the concessions" ; that 
the rent was too high ; that the method of laying off the land 
was not satisfactory ; and that the penalty of forfeiture if a 
man were not kept on every hundred acres was unreasonable. 
They rehearsed that they had come to Cape Fear notwith- 
standing the obloquy resting upon it, and were promised 
large holdings of land by those acting for the Lords Pro- 
prietors ; that after they had embarked upon the enterprise 
the negotiations with their agent for terms had been inter- 
rupted by the agreement made with Major William Yea- 
mans, and now that misfortune had overtaken those acting 
under that agreement they had lost all interest in sustaining 
the colony. They therefore prayed that the negotiations 



ADDRESS FROM CHARLESTOWN 79 

which had been interrupted might be again taken up "with ^ 

us and with the adventurers of Old and New England" ; and 

they promised, "when supported by freedom, to trample on 

all difficulties." And they warned the Proprietors that, 

being deserted by all, only ruin awaited them, and that they 

were utterly unable either to proceed or retire without aid, 

and this they could hope to receive only upon obtaining the 

terms originally asked. 

From this address and other circumstances it appears 
that the settlement had been chiefly made from New Eng- 
land, and that when the Proprietors declined to allow them 
to elect their own governor the New England association 
refused to proceed ; while the adventurers at Barbadoes 
chiefly looked to the proposed settlement further to the 
southward. Such was the situation of the colonists in the 
winter of 1665, eighteen months after the first landing, when 
Sir John Yeamans was for a short time at Charlestown : the 
Indians hostile, their cattle being destroyed, constantly ^- ^-^ ^' "' 
menaced by danger, provisions scarce, clothing needed, and 
influences preventing supplies being furnished them, while 
they themselves were dissatisfied with the terms of settle- 
ment offered by the Lords Proprietors. Still, there was 
some trade, the colonists having lumber to send out, and an 
occasional vessel visited Charlestown ; and one evening in 
June, Robert Sanford together with some seventeen other 
inhabitants sailed southward, exploring the coast as far as 
Port Royal, finding many places that were favorable for 
settlement, uniting good lands and an excellent harbor with 
security against attack by the Indians. And, indeed, he 
reported that he observed an emulation among the Indians 
to secure the friendship of the English, and this notwith- 
standing they knew that the colonists at Clarendon were in 
actual war with the Cape Fear Indians and had sent 
away many of them. On their return, after a month spent 
in exploration, their accounts seemed to have increased the 
dissatisfaction among the inhabitants at Charlestown, who 
in sending their address to England insisted that "because 



8o SETTLEMENT ON THE CAPE PEAR 

^ they had settled in the worst locahty, the heaviest terms 

should not be exacted from them." 

c. R., 1, 144 John Vassall seems to have been in charge of the colony, 
and in August, 1666, his cousin, Henry Vassall, their agent 
in London, again sought a hearing by the Lords Proprietors. 
He remonstrated with them that after agreeing with him on 
terms of settlement, they ignored those negotiations and 
entered into a different agreement with Major Yeamans, 

Vassall and that the colonists were dissatisfied. He renewed his 
solicitations for the terms originally agreed on, and declared 
that many in England, in New England, the Barbadoes and 
those actually at Cape Fear now awaited the issue of his 
last appeal in their behalf. If his demands should be 
assented to, he said, a good ship was ready to sail with men 
and provisions, with the likelihood of other ships following 
in the spring. But otherwise the whole design would be 
abandoned and those on the place, he asserted, would give 
up the settlement. 

The Cape Fear River abandoned 

Vassall's warning seems to have been unheeded. Sir John 
Colleton, one of the most active of the Proprietors, lay dead. 
Albemarle was off the coast of Holland fighting the greatest 
sea battle of that era. The other Proprietors were too 
closely engaged to give much attention to Carolina. As 
time passed the situation at Clarendon grew steadily worse. 

c. R., 1, 160 In November, John Vassall sent an agent, Whitaker, to give 
an account of the condition of the colonists, but he was taken 
prisoner either by the French or the Dutch, and his mission 
failed. Vassall wrote that he "had not heard a word from 
any of the Proprietors since he received his commission by 
Mr. Sanford," in November, 1664. But the settlers still 
had friends in Massachusetts. The General Court of Massa- 

c. R., 1, 161 c]i^isetts, touched by their distress, imposed a general tax 
for their benefit throughout that colony, and for a season the 
necessities of Charlestown were relieved. Such measures, 



CHARLESTOWN ON CAPE FEAR ABANDONED 8i 

however, were only palliatives and not remedies. The causes 1^ 

of discontent continued without abatement. 

Vassall, who had spent much of his means in the enter- 
prise, was greatly interested that it should not fail. 

He sought to keep the colonists together, and for a time 
succeeded. But at length they found a way by land to 
Albemarle, and neither his arguments nor his authority 
could longer prevail to quiet them. He therefore detained 
the first vessel that came in until he could collect others to 
take them all away together. Some went to Virginia, but 
the larger part returned to Boston ; so, in September. 1667, 
three years after the landing of the colony, Charlestown was 
deserted and Clarendon County again became a solitude. 
Vassall himself stopped in Nansemond, Virginia, and from 
there, on October 6, 1667, he wrote to Sir John Colleton, of ,667° "' 
whose death he had not heard, a touching letter : "I presume ' '' ' '^'' 
you have heard of the unhappy loss of our plantation on 
Charles River, the reason of which I could have never so 
well understood had I not come hither to hear — how that all 
who came from us made it their business to exclaim against 
the country as they had rendered it unfit for a Christian habi- 
tation ; which hindered the coming of the people and sup- 
plies to us, so as the rude rabble of our inhabitants were 
daily ready to mutiny against me for keeping them there so 
long. . . . And, indeed, we were as a poor company of 
deserted people, little regarded by any others and no way able 
to supply ourselves with clothing and necessaries, nor any 
considerable number to defend ourselves from the Indians ; 
all of which was occasioned by the hard terms of your con- 
cessions, which made our friends that set us out from Bar- 
badoes to forsake us ; so as they would neither supply us 
with necessaries nor find shipping to fetch us away. Yet 
had we had but £200 sent us in clothing, we had made a 
comfortable shift for another year. And I offered to stay 
there, if but twenty men would stay with me, till we had 
heard from your Lordships ; for we had corn enough for 
two years for a far greater number, and though the Indians 



82 SErrLEMENT ON THE CAPE FEAR 

'667 had killed our cattle, yet we might have defended ourselves. 

But I could not find six men that would be true to me to 
stay, so was constrained to leave it, to my great loss and 
ruin." 

Thus the fair beginning of a settlement was defeated by 
some unreasonable quibbling over a few acres of land in 
a vast wilderness, and over the mode of appointing a 
governor for a distant colony hedged in by the perils of 
Indian warfare ; while the troubles of the colonists them- 
selves were intensified by their selling into slavery Indian 
children and also such Indian captives as fell into their hands 
during the war that followed that act of heartless tyranny 
and treachery. 

A new Charlestown on the Ashley 

However, the Lords Proprietors were not entirely inactive. 
Indeed, their prospects were now improved, for Spain by 
a treaty executed in 1667 abandoned her claim to Carolina 
and conceded to England her colonial possessions and the 
right to trade in those waters. So contemporaneously with 
the abandonment of Cape Fear the Proprietors fitted out a 
vessel under the command of Captain William Sayle, and 
sent him to make another exploration of the coast. After 
his return with a favorable report of Port Royal, the Pro- 
prietors, having formed themselves into a stock company, 
made a great effort and raised twelve thousand pounds, with 
which they prepared two vessels amply stored with pro- 
visions and arms, and bearing a considerable number of 
emigrants. They appointed Sayle governor, and the expedi- 
PmRo ai ^^°"' ^^'^P^^ting from England, arrived at Port Royal in 1670. 
But after a year spent in that locality, the settlers were led 
to remove to the west bank of the Ashley River, some miles 
from its mouth, where they began a new Charlestown. 
Within a year, however, Sayle succumbed to disease. West, 
who was the mercantile agent of the Proprietors, hoped to 
succeed him, but Yeamans, being a landgrave, was entitled 
to be governor, and taking up his residence in Carolina, as- 



THE SOUTHERN COLONY PLANTED 83 

sumed the reins of government, and continued to be governor ^ 

for five years, when, because of dissatisfaction with him, he 
was retired and West was made a landgrave and appointed 
governor. In 1679 the present city of Charleston* was laid '^79 
off at the junction of the Ashley and Cooper rivers, and the 
colony removed thither ; the government offices were estab- 
lished there, and it soon became a thriving and prosperous 
community. 

Slavery in the colonies 

When in 1494 Pope Alexander VI, at the request of Portu- 
gal and Spain, apportioned the New World between them, 
Spain was forbidden any possessions east of the one hun- 
dredth meridian, and could have no foothold in Africa. So 
after the trade in negroes was begun, Spain looked to English 
enterprise to supply her colonies with negro laborers, and a 
considerable traffic in negroes sprung up. Later, when Eng- 
land established colonies of her own, white labor was 
obtained either by contract, the men engaging for a limited 
period of bondage, or by the purchase of those who had been 
condemned to servitude for some infraction of the law. 
Every rising against the government, either in England, 
Ireland, or Scotland, was followed by the transportation of 
large numbers of the unfortunate malcontents to the colonies, 
where they were either sold or bestowed as a gift upon some 
favored planter. In Virginia, the whites held in bondage 
were chiefly indented servants, under contract for a term 
of years, although from time to time those condemned to 
penal servitude, in some instances at their own request, were 
sent there. The demand for labor in the "new plantations" 
being great, a thriving trade was done in indented servants, 
kidnapped children and condemned persons ; and since in 
the course of this horrid business many outrages occurred, the 
subject received the attention of the Board of Trade, of 
Parliament, and of the courts. In 1620, an English vessel, 
having captured some negroes on board of a Spanish ship, 

*For nearly a century it was called Charlestown. 



84 SETTLEMENT ON THE CAPE FEAR 

^ fell in with a Dutch man-of-war, which took possession of 

the negroes, twenty in number, and stopping at Jamestown 
the Dutch commander traded them for needed provisions. 
Slaves in jj^ j^^g ^j^g ^j-g^ importation of negroes was made into New 
England England at Boston, and contemporaneously with this, at the 
end of the Pequod War, Massachusetts and the other New 
England colonies enslaved their Indian prisoners, selling the 
men to the islands in the Caribbean Sea, but keeping the 
women and maids among themselves. From that period 
both Indians and negroes were used as slaves among the 
English colonists. In 163 1 the African Company was 
chartered to transport negro slaves from Africa to the 
Spanish colonies, and soon after the Restoration, 1662, the 
second African Company was chartered, with exclusive 
rights to carry on the slave trade, the Duke of York and 
Afncin other nobles being at the head of it. Twelve years later this 
Company company was supplanted by the Royal African Company, 
composed of the king, his brother the Duke of York, and other 
notables, among them four of the Proprietors of Carolina, 
c. R.,iii, When Queen Anne came to the throne she specially directed 
"^ that the Royal African Company should take care that a 

sufficient supply of merchantable negroes should be fur- 
nished at moderate rates, and the slave trade grew to enor- 
The mous proportions. In 171 3 England entered into a contract 

siento,i7i3 ^.^^^ Spain, known as the "Asiento," for the exclusive right 
of supplying the Spanish colonies with negroes for thirty 
years ; and the stock in the company holding this franchise 
was taken, one-fourth by the King of Spain, one-fourth by 
Queen Anne, and the other half by her favored friends. To 
maintain this exclusive right of carrying on the slave trade 
England engaged in sundry wars, and at the Peace of 
Utrecht she required that it should be solemnly engrafted 
into the treaty. 

As early as the settlement of Albemarle the institution of 

slavery had been well established, and there were whites, 

1659 Indians, and negroes held to bondage. The Indian tribes 

themselves sold their prisoners taken in their neighborhood 



SLAVERY IN ALBEMARLE 85 

wars to the colonists. And as in Africa wars were con- ^ 

tinually carried on to secure slaves for the slave marts, so 
in America wars were fomented to obtain Indian prisoners 
to be sold into slavery. Beginning in Massachusetts, this 
practice of capturing and enslaving Indians led to the de- 
struction of the first settlement on the Cape Fear and to 
many of the wars in South Carolina, and it stimulated the 
South Carolina Indians to come to the aid of North Caro- 
lina in 1 7 12, the captives taken at that time being sold in the 
West Indies and in New England. Indeed, so many were 
sent to Connecticut that the governor and council forbade 
the importation of any more Tuscaroras for fear that in Rec.",'v,°si6 
connection with the neighboring tribes they would be a 
source of danger to that colony. At the time of the settle- 
ment of Albemarle there were two thousand negro slaves 
in Virginia, while the white indented servants were four 
times that many. In 1683 the white servants were sixteen 
thousand, while the negroes were but three thousand. 

The Indian inhabitants 

The aborigines of North Carolina at the time of the settle- 
ment consisted of many different tribes of Indians, each 
having its own language. Near the great lakes of the 
North were the Algonquins and the Iroquois. Some of 
these moved southward and became inhabitants of North 
Carolina. The Indians of the South are supposed to have 
come from across the Mississippi River, and they extended 
into North Carolina. Not only did these differ from the 
northern Indians in language, but they were not so bar- 
barous and they had made more progress from the savage 
state. One of the tests now applied to determine whether a 'I'djan 

civilization 

tribe was of southern or northern origin is its pottery and 
its ornamentation. It is said that the northern Indians 
had made such a slight advance that none of their pottery 
was decorated by a curved line. Pottery bearing curved 
ornamentation has been found in western North Carolina 
and also in eastern Carolina, and in a general way it has 



86 - SETTLEMENT ON THE CAPE FEAR 

f^s9 been said that a line drawn from Hatteras marked the boun- 

daries of the southern and northern Indians. There is 

Efh'.xx reason to beheve that the southern Indians occupied North 

147. 159 CaroHna and were measurably expelled by fierce tribes from 
the north, except along the coast. 

The Indians on the Cape Fear were Congarees. The 
Hatteras and Coranines were southern Indians, and per- 
haps also the Chowanoaks, who afterward became known 
as Meherrins. The Mongoaks, later the Tuscaroras, the 
Woccoons, and perhaps the Pamlicos, were northern 

origfn" Indians. The Catawbas were southern. In 1656 the 

Rechahecrians came from the north, fought with the Vir- 
ginians, and passed southward into the mountains. It is 
supposed they became the Cherokees, who have been ascer- 
tained to be of northern origin.* Tradition assigns several 
points in the Haw and Deep River country as scenes of 
great battles between the northern and southern Indians. 

Brickell in 1729 went on a mission to the Indians in that 
part of the province, and in December, 1752, when Bishop 
Spangenberg explored the lands on the upper Catawba, he 
found the remains of an Indian fort, as also "tame grass, 

C. R.,v,9 which is still growing about the old residences on the north- 
ea.st branch of Middle Little River." 

There was always antagonism between the northern and 
southern Indians, and the Catawbas were at constant war 
with the Tuscaroras. Not only were the tribes destroyed 
by their continual wars, but they were exterminated by 
disease. The Pamlicos, that had been very numerous, about 
1694 were swept away by an epidemic, and later the 
Catawbas were destroyed by the smallpox. Other tribes 
met with a similar fate. 

The Indians have left many memorials of their former 
existence in North Carolina, which, however, have not been 
carefully preserved. One intelligent investigator, Dr. Dil- 
lard. says : "One of the largest and most remarkable Indian 
mounds in eastern North Carolina is located at Bandon, on 

*Now classed as Iroquois. 



THE CAROLINA INDIANS ^ 87 

the Chowan, evidently the site of the ancient town of the i^ 

Chowanokes, which Grenville's party visited in iS8^, and 
was called Mavaton. The map of James Wimble, made in 
1738, also locates it at about this point. The mound extends 
along the river bank five hundred or six hundred yards, is 
sixty yards wide and five feet deep, covered with about one 
foot of sand and soil. It is composed almost exclusively of 
mussel shells taken from the river, pieces of pottery, ashes, 
arrow-heads and human bones. . . . Certain decorations 
on their pottery occur sufficiently often among the Indian 
tribes of the different sections to be almost characteristic of 
them. A sort of corncob impression is found on a great deal 
of Chowan pottery and also in Bertie. There are also pieces 
with parallel striations, oblique patterns, small diamond pat- 
terns formed by transverse lines, evidently made by a sharp 
stick. Some are decorated with horizontal lines, while a 
few are perfectly plain. In the deposits on the Chowan 
River, at the site of the ancient Chowanoke town of Mava- 
ton, the decorations on the pottery are both varied and 
artistic. ... I have never seen so many distinct pat- 
terns occurring in the same mound as at Avoca, left there by 
the Tuscaroras. The ancient Tuscarora town of Metackwem 
was located in Bertie County just above Black Walnut Point, 
and most probably at Avoca, from the extensive deposits 
there." 



THE THIRD EPOCH— 1663-1729 
PROPRIETARY GO\'ERNMENT 



1663 



CHAPTER VIII 

Administrations of Drummond and Stephens 

The settlement of Albemarle. — Governor Drummond. — The first 
Assembly. — Conditions at Albemarle. — The concessions. — Cessation 
of tobacco planting. — An Indian war. — Changes in the Proprietors. 
— Stephens governor. — The great deed. — Act of Assembly. — The 
marriage act. 

The settlement of Albemarle 

The excellence of the location, the sahibrity of the climate, 
and the fertility of the soil soon drew to Albemarle consider- 
able accessions of population. Lawson says that the first 
who came foimd the winters mild and the soil fertile beyond 
expectation, producing everything that was planted to a 
prodigious increase ; that the cattle, horses, sheep, and swine, 
breeding very fast, passed the winter without any assistance 
from the planter; so that everything seemed to come by 
nature, the husbandman living almost void of care and free 
from those fatigues which are absolutely necessary in winter 
countries for providing necessaries ; and the fame of this 
new-discovered country spread through the neighboring 
colonies and speedily drew other families to it. 

Indeed, it was a location abounding in attractions for the 
hardy pioneer. The great Albemarle River, as they called 
the sound, its mouth being Roanoke Inlet, while furnishing 
in its wide expanse a protection from the southern Indians, 
offered an unfailing supply of fish and game. The broad 
Chowan was likewise a protection from the Tuscaroras, 
whose hunting grounds lay on the west and down to the 
waters of the Neuse. On the east and north were only two 
small tribes, one of which gave some trouble in 1666, but was 




SEAL OF THE COUNTV OF ALBEMARLE, IWD-IOgO AND 

CONTINUED m USE AS THE SEAL OF THE PROVINCE 
OF NORTH CAROLINA UNTIL THE PURCHASE 
BY THE CROWN IN 1729. THIS REPRO- 
DUCTION IS SLIGHTLY LARGER 
THAN THE ORIGINAL; 
REVERSE IS BLANK 



CONDITIONS OF SETTLEMENT 89 

so speedily conquered that the war left no mark on the ^^ 

infant settlement. The pioneers on their separated planta- 
tions felt no alarm, and were quite free from Indian depreda- 
tions. In natural advantages Albemarle was incomparable. 

"Most of the plantations," says Lawson, "enjoy a noble H^s'^o^'^'^f 
'prospect of large and spacious rivers, pleasant savannahs, ^^^^'i^g 
and fine meadows, with their green liveries interwoven with "° 
beautiful flowers of most glorious colors, hedged in with 
pleasant groves of the famous tulip-tree, stately laurels and 
bays, myrtle, jessamine, woodbine and honeysuckle, and other 
fragrant vines and evergreens, whose aspiring branches 
shadow and interweave themselves with the loftiest timbers, 
yielding a pleasant prospect, shade and smell ; proper habi- 
tations for the sweet singing birds that melodiously entertain 
such as travel through the woods of Carolina." 

Drummond governor 

Sir William Berkeley in the fall of 1663 received from 
the other Proprietors instructions to organize a government 
at Albemarle, and was authorized to appoint a governor for 
the settlers on the northern and another for the southern 
shore of the sound* if he should deem it expedient. The 
following summer he visited the settlement, then confined 
chiefly to the waters of the Chowan, and appointed William 
Drummond governor, and later the Lords Proprietors sent c.r., 1,50 

'^ '■ Chalmers in 

a commission and instructions to Drummond, whose term Car'-oii's 

' Coll., II, 283 

would seem to have begun in October, 1664. Berkeley was 
also instructed to appoint six councillors to act with the Oct., 1664 
governor, and all other necessary officers ; and the governor 
and councillors together with the freemen or their deputies 
were to make all laws, which were to be transmitted to the 
Lords Proprietors within a year for their approval or dis- 
approval. These laws as enacted were to be in force until 
they should be disapproved by the Proprietors. 

*George Fox, in his Journal, 1672, speaks of Nathaniel Batts, who 
had been "governor of Roanoak."' He had probably been appointed 
governor under this authority for the southern division. He vi^as 
buried at Batts's Island, near Durant's Neck. 



90 DRUMMOND AND STEPHENS, 1664-69 

^ The governor was to issue all grants for lands, and the 

secretary was to record them, and these grants, like those in 
c. R., 1, 52 \"irginia, were to be void if the land should not be seated 
in three years. A rent of half a penny an acre was to be 
paid each year, but rent was not to be exacted for a period 
of five years. The governor for his compensation was to 
have the sole trade of furs until some other means of pay- 
ment should be arranged. Governor Drummond was a 
Scotchman who had been long settled in Mrginia, and was 
well acquainted with the vicissitudes of pioneer life. He was 
a man of education, of integrity, and well fitted for his office. 
Although sparsely, settled, Albemarle was now not an un- 
broken wilderness. 

Population had flowed in, some of the planters being men 
of large means, bringing with them from ten to thirty per- 
sons ; and shortly after the government was organized, not 
later than the spring of 1665, the first Assembly was held, 
and the little settlement became a self-governing community, 

Spring of a pure democracy, the entire body of the inhabitants acting 
^ for themselves, and not through the instrumentality of 

representatives. 

Such was the beginning of the organized government of 
Albemarle. At that first session a petition was drawn up to 

c. R., I, loi be forwarded to the Lords Proprietors, the subject-matter 
being that the settlers should continue to hold their lands 
as they had done under the Virginia law, paying only a 
farthing an acre rent, and that not in cash, but in commod- 
ities, as was the practice in A irginia. The quantity of land 
one could take up was dependent on the number of persons 
he brought into the settlement, and the patents issued show 
that some of the early settlers were accompanied by a 
numerous retinue. 

c. R., 1, 252 As an illustration of the early influx of population, a 
remonstrance drawn up fourteen years after the settlement 
was signed by twenty-one persons, who stated that most 
of them had been inhabitants since 1663 and 1664. These 
had become Quakers, while there was only one family of that 



A PURE DEMOCRACY 91 

faith in the settlement in 1672. In 1666 quite a number of ^ 

settlers came from the Bermuda Islands, and, establishing 
themselves on Pasquotank River, found employment in ship- 
building. Trading vessels also began to frequent the waters 
of Albemarle, the first large ship of which we have a record buiraing 
coming in during the winter of 1664. It was Captain '^^^ 
Whittly's vessel, which appears to have been employed by 
the Proprietors in connection with their colonization. She 
entered the sound through Roanoke Inlet, and when she 
came in found fifteen feet of water, but on going out had 
but eleven feet, and notw^ithstanding the channel had been 
marked out, she grounded several times. "So uncertain 
are all these inlets," remarks Thomas Woodward, who was 
then the surveyor of the colony. 

The concessions 

The system of government at Albemarle was soon after- c. r., i, 79 
ward still further perfected by the provisions specified in the 
concessions, bearing date January, 1665, which formulated 
a general plan, covering all the counties established in the 
province. All acts of the Proprietors were to be authenti- 
cated by the great seal of the province, kept at London, 
while each county was to have its own proper seal, and that 
designed and adopted for Albemarle continued in use as the 
seal of North Carolina until after the purchase by the king, 
in 1729. All grants and deeds for land were to be acknowl- 
edged or proved by the oath of two witnesses and recorded, 
and the conveyance first recorded was to be effectual, not- 
withstanding any prior unrecorded conveyance. This pro- 
vision, now so common, was then unknown to the English 
law. It had its origin in Holland, and had been adopted 
by the settlers in Massachusetts. It was a marked improve- 
ment on the English system of ascertaining and perpetuating 
titles. In those first days of settlement, the population being 
inconsiderable, the freemen were either themselves to meet 
in General Assembly or were to come together and elect 
twelve deputies to represent them. 



92 DRUM MONO AND STEPHENS, 1664-69 

^ All officers were to swear to bear true allegiance to the 

king-, and to perform their duties faithfully,, or were to 
subscribe a declaration to that effect in a book. There was 
full liberty of conscience, but the General Assembly was to 
have power to appoint as many ministers or preachers as 
they should see fit, giving, however, to all persons the right 
to have and to support any other ministers or preachers they 
might please. 

Each person coming in during the first year should be 
entitled to have eighty acres of land for himself, and the 
same quantity for his wife and every dependent capable of 
bearing arms, and forty acres for each servant. And ser- 
vants, after their term of servitude, should have an equal 
right for themselves. But after the first year only sixty 
acres were to be allowed instead of eighty. These grants 
of land, while in fee, Vv-ere subject to a yearly quitrent pay- 
able to the Proprietors. The rent, half a penny an acre, was 
to be paid in money. As an inducement to settlers, however, 
the first payment of rent was postponed until the year 1671. 
Thus, with full liberty of conscience guaranteed, with an 
agreement that those who did not feel disposed to take an 
oath of allegiance might merely subscribe a declaration of 
their fealty, with a stipulation that no tax should be levied 
or collected except by act of their General Assembly, and 
that the Assembly, in the absence of the governor or his 
deputy, might choose a president in his stead, and with an 
Assembly elected by themselves vested with full power to 
ordain laws and establish courts and appoint officers to 
enforce them, the freemen of Albemarle enjoyed every liberty 
they desired, and being blessed with bountiful harvests, led 
easy, quiet lives in their sylvan homes. 

The development of the "new plantations" progressed 
rapidly. In addition to their corn and wheat, supplies and 

1666 provisions necessary for their subsistence and comfort in the 

wilderness, the planters also raised tobacco ; and so consider- 
able was the production of this commodity that when ]\Iary- 

c. R., 1, 117 land, in June, 1666, proposed a cessation from planting 



CESSATION OF TOBACCO PLANTING 93 



1666 



tobacco for one year, the agreement was made dependent 
not merely on the acceptance of Virginia, but by "the new 
plantations" at Albemarle as well. 

An Indian war 

Agreeably to that invitation, Governor Drummond and 
Thomas Woodward, who had been appointed a commissioner 
to represent the General Assembly, met the other commis- 
sioners at James City on July 12th and agreed on a plan, 
which in order to be effective was to be ratified by their 
respective legislatures, and the ratifications were to be ex- 
changed by the last of September. The General Assembly 
of Albemarle met, George Catchmaid, Gent., being the 
speaker, and passed the desired act ; but about that time 
there was an Indian outbreak and the colony was in peril, 
and because of the Indian invasion the act ratifying the 
agreement could not be transmitted within the period lim- 
ited. However, the delay was only for a few days, and the 
failure to send the act forward by the day fixed was held 
immaterial. So by act of Assembly no tobacco was planted 
during the year 1667. 

In October of that year Drummond's term of three years Drummond 
came to its close, and after an admirable administration that Berkeley^ 
capable governor, whose name is perpetuated in that of the 
beautiful lake in the great Dismal Swamp, gave place to his 
successor. Drummond retired to \'irginia, where ten years 
later, having engaged in Bacon's rebellion, in January, 1677, 
he fell into the hands of Governor Berkeley and was sum- 
marily executed by that insensate and exasperated tyrant. 

Changes in the Proprietors 

In the meantime notable changes had occurred among the 
Lords Proprietors. Clarendon, who, being Lord Chancellor, 
was held responsible by the people of England for all the 
improper measures of the court since the restoration, had 
become very unpopular ; while his severe virtue, no less than 
his opposition to all schemes looking to the toleration of the 



94 DRUMMOND AND STEPHENS, 1664-69 ■ 

^^l Catholics, had rendered him disagreeable to Charles. In 1667 

he became an object of the king's bitter hatred because he 
ventured to thwart the passionate purpose of that lascivious 
monarch. On August 30th of that year his seals of office 
were demanded by Charles, and a month later, out of 
common hatred, articles of impeachment were presented by 
the popular leaders against him, and he was charged by the 
Commons at the bar of the House of Lords with high 
treason generally, without any allegations being specified. 

bil'nishfd" O" ^^^^^ ^ general charge the Lords refused to proceed ; but 

'^^7 Clarendon saw that his friends had fallen away, and that 

both the opposing factions were bent on his destruction, and 
so, seeking safety in flight, he retired to the continent. A 
bill of perpetual banishment was passed against him, and 
he sojourned in Europe until his death, in 1674, his last 
years being employed in literary work. Such was the closing 
of the honorable career of this devoted adherent of the 
Stuarts, but a true Protestant and an honest Englishman. 

dies,^i666 Sir Johu Collctou had died in 1666, and Sir Peter Colleton 
succeeded to his place among the Proprietors. Albemarle, 
the skilful general and brave admiral, who, when London 
was deserted by all during the great plague of 1665, had 
given the world an additional illustration of his intrepidity 
by remaining at his post in charge of the stricken city, had, 
in 1666 and 1667, won famous victories at sea, and then, 
falling ill with dropsy, lingered imtil December, 1669, when 

Albemarle his SOU, Christophcr, Duke of Albemarle, succeeded him. 
Sir George Carteret was vice-chamberlain to his Majesty's 
household, and Sir John Berkeley was at his post as lord 
lieutenant of Ireland, while his brother, Sir William, re- 
mained governor of Virginia. 

Stephens governor 

In October, 1667, the Lords Proprietors appointed Cap- 
tain Samuel Stephens governor, and sent him for instructions 
a copy of the concessions published in 1664. So far as the 
government of Albemarle had conformed to the concessions 



dies 



STEPHENS SUCCEEDS DRUM MONO 95 

there were no changes in the administration. Up to 1667 l^l 

Albemarle had not been laid off into precincts, but the free- 
men of the settlement chose twelve deputies, called in the 
legislation of 1666 "committee," to represent them ; and the 
General Assembly, composed of the governor, his council, 
appointed by himself, and the representatives of the people, 
sat together as one body and enacted laws and had the power 
to establish courts and define their jurisdiction. 

Of Stephens we know but little. His relations with the 
Proprietors and people seem to have been pleasant. He 
became the owner of Roanoke Island, and otherwise identi- 
fied his interests with the growth of the colony. The f^'e^.^^"^ 
governor and council held a court for the county, which 
exercised chancery powers, and had jurisdiction over estates. 
They sat without pay, but it is probable that considerable 
gain was made by way of compensation for public service by 
a monopoly of trade with the Indians. 

That .Stephens was a gentleman of culture and standing character of 
may well be surmised from what is known of his wife ; and ""'^'* 
in like manner it appears that Harvey and some of the other 
settlers in Albemarle were the equals in social condition of 
the best of the Virginia planters of that time. Such was the 
real character of the original settlement, made, as Lawson 
asserts, by men of substance. 

The Great Deed 

It was during Stephens's administration that the Lords The 
Proprietors were pleased to answer favorably the petition Assembly 
of the Grand Assembly of 1665, so termed, perhaps, because 
when the petition was prepared the people had not elected 
delegates, but themselves assembled under the instructions 
to Governor Berkeley; and for many years the legislative 
body of Albemarle continued to call itself "the Grand 
Assembly." 

On May i, 1668, under the seal of the province, the Lords 
Proprietors, in response to this request, granted that the 
inhabitants of Albemarle should hold their lands upon the 



96 DRUMMOND AND STEPHENS, 1664-69 

^ same terms and conditions as the people of Virginia, by 

which the rent became only a farthing- an acre and was pay- 
able in commodities at a fixed price and not in money. This 
concession was regarded so highly that the instrument con- 
Deed ''^ taining it was called "The Great Deed," and in after years 
it played an important part in North Carolina matters, and 
for many years the General Assembly required that it should 
be securely kept in the personal possession of the speaker of 
the house. 
of^foe""'"" ^^ ^^^^ session of the Assembly held in 1669 there were 
passed seven acts that have come down to us. One of these 
recites that no provision had been made for defraying the 
expenses of the governor and council in time of the courts, 
and "as the General Assembly thinks it unreasonable that 
they should spend their time in the service of the county 
and not have their charges borne, therefore every one who 
brings a suit in court and is cast shall pay thirty pounds 
of tobacco" as a sort of tax fee to pay the expenses of the 
governor and council. Prior to that the governor and 
council composed the only court held, for as no precincts 
had been laid ofif, there were no precinct courts. 

In order that Albemarle should not be behind Virginia in 
offering inducements to settlers, an act was copied from the 
Virginia statutes prohibiting the institution of any suit for 
any debt against a person who should come into Albemarle 
until after five years had elapsed from his arrival. 
The. . In 1642 Virginia had passed a similar law, which was 

debtor law formally re-enacted by the Virginia Assembly in 1663, and 
the settlers in Albemarle coming from Virginia brought with 
them the remembrance of this legislation as a Virginia insti- 
tution ; and, indeed, similar laws were adopted in other 
colonies. There were no ministers in the colony, and but 
few in Virginia ; so an act was then passed that legalized 
marriage as a civil institution, and provided that a marriage 
solemnized by the governor or any of his council in the 
presence of three or four of the neighbors, the certificate 
thereof being registered by the secretary, should be a valid 



THE EARLIEST KNOWN LEGISLATION 97 

marriage, and any person violating such a marriage should ^ 

be punishable as if it had been performed by a minister. 
This marriage law was born of the necessity of the case ; and 
as it was founded in reason, the civil marriage thus insti- 
tuted at Albemarle has since been adopted by all of the 
enlightened states of the American Republic. These acts 
were transmitted to England for the approval of the Lords 
Proprietors, and meeting with their approbation, received 
their sanction and became the law in the colony. 



CHAPTER IX 

Carteret's Administration, 1670-73 

The Fundamental Constitutions. — Changes introduced by them. — 
The first meeting under the Grand ^Nlodel. — Carteret governor. — 
The Grand Model in practice; The precincts. — The nobility. — The 
Palatine's Court. — The Quakers. — First dissatisfaction. — Carteret 
sails for England. — John Jenkins deputy-governor. — Visits from 
Edmundson and Fox. 

The Fundamental Constitutions 

,f6g The banishment of Clarendon and the long illness of 

'^ Albemarle made an opening' at court for the higher rise 

of Lord Ashley, a man of superior mental powers and 
capabilities. He had inherited great wealth, had been studi- 
ous in the law and in the sciences, and, possessing a strong 
influence with the people, soon attained the highest position 
and power among the statesmen of England. A Presby- 
terian and somewhat of a free thinker, among his intimates 
was John Locke, the scholar and philosopher, with whom he 
contracted a friendship based on their common sympathy 
with civil and philosophical freedom. Li 1667 Locke became 
his secretary, and took up his abode in Ashley's residence. 
Shaaesbu°ry The Lords Proprietors had requested Ashley to prepare a 
permanent constitution for Carolina, and in the suinmer of 
1669 a rough draught was submitted to them of that famous 
instrument which has come down to posterity as Locke's 
Fundamental Constitutions or the Grand Model of Gov- 
ernment. This instrument was adopted and signed by the 
Lords Proprietors on July 21, 1669. 

The purposes avowed in it were to provide for the better 
settlement of the government, to establish the interests of 
the Proprietors with equality and without confusion, to 
conform the government agreeably to the English monarchy, 
and to avoid erecting a numerous democracy in their 
province. 



I 



THE FUNDAMENTAL CONSTITUTIONS 99 

England had just passed through the experiment of the ^ 

Commonwealth, the course of which was marked by many 
deplorable excesses. The Proprietors had seen stalwart 
republicans, seeking an escape from evils of their own crea- 
tion, unite in offering a crown to Cromwell, and had wit- 
nessed the establishment of a monarchy clothed with 
arbitrary power under the specious title of Protector; and 
most of them had suffered severely in their fortunes and in 
their persons during those convulsions ; and now that the 
ancient constitution of the kingdom had been restored, largely 
through their own instrumentality, they wished to avoid 
erecting an unsteady and unrestrained democracy in their 
possessions. They were themselves of the nobility, and 
possessed in Carolina under the grant of the king even the 
regal powers that were enjoyed by the owners of the Pala- 
tine County of Durham. Not unnaturally, they sought to 
guard their individual rights and privileges. As there were 
eight Proprietors, to establish equality among them was a 
chief care. Eight great offices were created : one, the Pala- g,e^t^o^4s 
tine, was assigned to the oldest Proprietor, and upon his 
death the next in seniority succeeded him. The Palatine 
was the executive, and the other Proprietors were to be 
the admiral, chamberlain, chancellor, constable, chief justice, 
high steward, and treasurer of the province. Carolina was 
to be divided into counties, and there was to be an hereditary 
nobility established in each county consisting of one land- 
grave and two caciques. The other inhabitants were freemen 
and leetmen, as the landholders were called in the county 
of Durham ; and the institution of negro slavery was recog- 
nized. An alien by subscribing the Fundamental Constitu- 
tions thereby became naturalized, but no person over seven- 
teen years of age could have any benefit or protection of 
the law who was not enrolled as a member of some religious 
profession acknowledging the Deity. 

Each county was to be laid ofif into eight seignories, eight 
baronies, and four precincts, and every precinct was to be 
subdivided into six colonies. One of the seignories was to 



-^ K 9 o ^ a 

■y- a ,0 \f ri 



lOO 



CARTERET'S ADMINISTRATION, 1670-7 s 



Division 
the land 



Leetmen 



Freemen 



Nobles 



1^ be the property of each Proprietor. It was to contain 

12,000 acres, and was to descend to his heirs male, with 
some provision in case of failure of heirs. Four of the 
baronies, 12,000 acres each, were for the landgraves, and 
each cacique was to have two baronies. Each precinct was 
sof to embrace 72,000 acres, and each of its six colonies was 
to contain 12,000 acres. The land in the precincts could be 
bought and sold at pleasure by the owners, but whoever 
purchased it had to pay a yearly quitrent of a penny an acre 
to the Lords Proprietors. Within the precincts, by special 
grant, a holding of 3000 acres might be erected into a manor, 
with certain powers and privileges vesting in the lord of the 
manor, and in that case, being once erected into a manor, it 
could be sold in fee only in its entirety, and no parcel of it 
could be conveyed for a longer period than twenty-one years. 
Provision was made for leetmen within the manors, baronies, 
and seignories. A person became a leetman by voluntarily 
entering himself as such in the proper court. On the 
marriage of a leetman the lord was required to give him 
ten acres of land for his life, subject to a rent of not more 
than the eighth part of the yearly produce of the ten acres. 
The children of leetmen were to remain forever as their 
parents were ; and they were not to live ofif of the land of their 
particular lord without license obtained from him. Being 
subjects of their lord, all their controversies were to be tried 
in the leet courts of thein lord, who had a feudal jurisdiction 
over them. Thus, besides negro slaves the inhabitants were 
to be leetmen attached to the land, freemen, and nobles. 
That the nobles should be properly maintained, they were 
to have no power to alienate their property and dignity, 
which must forever descend undivided to their heirs male, 
but this provision was not to go into effect until the 
year 1700. 

The system of government was cumbersome and complex. 
The Palatine and the other seven Proprietors, being the 
great officers, formed what was designated the Palatine's 
Court. This body was, however, executive rather than 



THE FUNDAMENTAL CONSTITUTIONS loi 

judicial. It had power to call parliaments, to pardon all ^ 

offences, to elect all officers, to negative the acts of Parlia- 
ment, and generally was vested with all the powers granted 
to the Proprietors, except as was otherwise limited in the ThePro- 
Fundamental Constitutions. In this court, any Proprietor ^o'j'rtT^' 
being absent, he could be represented by his deputy. 

Each of the other great officers also had a court com- 
posed of himself, six councillors, and twelve assistants 
chosen from among the landgraves, cacicjues, and such com- 
moners or freemen as were designated ; and to each of these 
courts a particular jurisdiction was allotted. 

Superior to these courts, however, was the Grand Council, The 
composed of the Palatine, the seven other great officers, and Council 
the forty-two councillors. To this council was assigned the 
power to determine controversies between the courts, and 
to make peace and war, leagues and treaties with the Indians, 
and to raise forces for war. It also had authority to prepare 
matters to be adopted in Parliament, and no act could be 
proposed in Parliament unless it had first passed the Grand 
Council. 

The Parliament was to consist of the Proprietors or their 
deputies, the landgraves and the caciques, and one free- 
holder from each precinct chosen by the freeholders. These 
were to sit in one room, each member having one vote. 
Parliament was to meet on the first Monday of November 
every second year in the town it last sat in, without any 
summons. And in order to elect members the freeholders 
of each precinct were to meet on the first Monday of Sep- 
teml^er every two years and choose their representatives. 

Under the concessions the people had a right to elect 
assemblymen on the first day of each January, and this new 
provision investing them with the constitutional right to 
elect a parliament every other September, to convene in 
November without any call from the governor, was founded 
in the severe experiences of the English people during the 
troubles of the recent past, and was a change from English 
methods largely favorable to the liberties of the people. In 



102 CARTERET'S ADMINISTRATION, 1670-73 

•669 after years it became the foundation of a famous enactment 

known as the Biennial Act of 171 5, which, however, merely- 
continued in force the former practice. 
The In every countv there was to be a general court, held by 

court \he sherifif and one justice from each precinct. Appeals lay 

from this court in important civil cases and in criminal cases 
to the Proprietors' court ; and in every precinct there was 
to be a court consisting of a steward and four justices, who 
should judge all criminal cases except treason, murder, and 
other offences where the punishment was death, and except 
criminal cases against the nobility ; and also all civil causes 
whatsoever, but with appeal to the county court in important 
cases. To try treason, murder, and other ofifences punishable 
with death, a commission for itinerant judges was to issue 
twice a year, who were to hold assizes in each county with 
the sherifif and four justices, with appeal to the Proprietors' 
court. There were grand juries for the criminal courts, and 
in all courts causes were determined by a jury of twelve 
men, but a majority verdict was sufificient, imanimity not 
being required. 

While the nobles had great places provided for them, 
there were thus open to the freemen avenues to distinction 
in a judicial career, as members of Parliament, as assistants 
in the great courts, and as councillors. But lawyers were 

Lawyers 

discoiin-^ discountenanced, and it was declared a vile thing to plead 
a cause for money. The purpose of this provision was, pos- 
sibly, to build up a clientage for the great lords and add to 
their importance. While appeals were allowed, a new trial 
in the same court was forbidden, and all manner of comments 
and of expositions on any part of the law was absolutely 
prohibited. But at the end of a hundred years every law 
was to be void. There were one hundred and twenty sections 
of the Grand Model, or Constitutions as Locke called them, 
and every part of them was to remain sacred and unalterable 
forever, and every inhabitant was to take an oath to support 
them. 

Among the provisions of the Fundamental Constitutions 



tenanced 



ion 
and 



THE FUNDAMENTAL CONSTITUTIONS 103 

were some innovations on Eng-lish customs that were not ^^^ 

without merit. There was to be in each precinct an officer 

called the register, in whose records should be enrolled all 

deeds, judgments, and conveyances which concerned any ^f'^fa^'^a 

land in the precinct, and until registered such conveyances ll^°^^l^^^ 

had no force. And in every seignory, barony, and colony 

there was to be a registry for recording all births, marriages, 

and deaths ; and no marriage was to be lawful, no matter 

what contract or ceremony was used, until both parties 

mutually owned it before the register, and he had recorded 

it, together with the names of the parents. 

In regard to religion, while freedom of conscience was Religion 
allowed, yet it was enacted that no man should become a 
freeman of Carolina or have any estate or habitation within 
it ''that doth not acknowledge a god, and that god is to be 
publicly and solemnly worshipped" ; and while no person of 
the age of seventeen years could have any protection of 
the law unless a member of a church, yet any seven persons 
agreeing in any religion could constitute a church or pro- 
fession on which they should bestow some name to dis- 
tinguish it from others. 

The changes introduced by the Constitutions 

Some of the administrative provisions of the Grand Model 
were not unlike those that had been in use in Albemarle from 
the first. Others were easy to introduce. But the establish- 
ment of new orders of nobility with the powers and privileges 
accorded them and the subdivision of the counties as pro- 
posed were utterly impracticable. 

The details of what the philosopher Locke and his coadju- 
tor, a sagacious man of business and practical statesman, 
deemed a perfect plan of government were worked out with 
great care and particularity. But political institutions to fit 
the needs of a community must be the reasonable outgrowth 
of actual conditions, developed through the natural opera- 
tion of influences that affect the thoughts, habits, aspira- 
tions, and life of the people. Although the Grand Model 



I04 CARTERET'S ADMINISTRATION, i6jo-u 

^ won high applause upon its pubhcation in Europe, it did not 

excite enthusiasm in Carolina. As a theoretical adjustment 
of forces in government, establishing on a secure basis a 
conservative aristocracy and perpetuating a monarchical 
system along with guarantees of popular freedom, it was 
doubtless superior to any European government of that era. 

dons or't'he -^^^^ ^^ ^^'^^ "°^ suited for freemen inhabiting a wilderness. 

dons'"" ^^^ ^^^ chief aim in view, the establishment of a practical 
government in Carolina, it was a strange admixture of un- 
mitigated folly and theoretical wisdom. The provision 
ordaining a nobility was probably not offensive to the inhab- 
itants of Albemarle. The people of every nationality were 
at that period accustomed to class distinctions, which entered 
largely into the social life of their country, and an order 
of nobility could not have been disagreeable to Englishmen in 
any colony. But the plan was too elaborate to be put into 
successful operation, and, except in some unimportant par- 
ticulars, it was not attempted in Albemarle. A century later, 
when a constitution was to be framed by practical statesmen 
for a continent, the outline of a system, a few general grants 
of power, a few denials of authority by way of limitation, 
sufficed to establish a government that has evoked the 
admiration of mankind. 

The first meeting under the Grjind Model 

c. R., 1, 179 The principal features of the Grand ]\Iodel having been 
agreed on, a rough draft of it was, in July, 1669, trans- 
mitted to Albemarle. The first meeting of the Proprietors 
after its adoption was held in October, 1669, at the Cockpit, 
a government office near Whitehall, where Lord Ashley's 
public business was commonly transacted, where the Board 
of Trade held its sessions, and where later Princess Anne 
resided until called to the throne. There were present all 
of the Proprietors except Clarendon and Sir William 
Berkeley. Albemarle, being the oldest of the Proprietors, 
became the first Palatine. At a second meeting two months 
later, January, 1670, it was resolved that instructions should 



CARTERET SU CCEEDS STEPHENS 105 

be sent to Carolina to put the new model into operation. ^^ 

Before that, however, Albemarle had, in December, passed 
away, and Lord John Berkeley succeeded to the office of 
Palatine. At this meeting- the acts of the General Assembly 
of 1669, that had been transmitted to the Lords Proprietors c. r.. i, .83 
for their confirmation, were approved, and they were re- 
drafted to conform to the requirements of the Grand Model, 
and were then returned to Albemarle, where they were 
passed for the second time on October 15, 1670. 

Carteret governor 

At this meeting, too, John Locke and Sir John Yeamans 
were appointed landgraves; and Lord Berkeley, exercising 
his prerogative as Palatine, deputized Samuel Stephens, the 
former governor, to be his deputy and to continue in as 
governor. But about December of the year 1669 dief '"' 
Stephens died, and the council in Albemarle having, in ^^'^'^■' '^69 
such an emergency, the power and right to fill the vacancy, 
chose as governor Peter Carteret, a kinsman of Sir George 
Carteret, who had settled in Albemarle in 1664; and 
Carteret entered actively on the duties, and as governor held 
with the councifa called session of the county court, being 
the general court for the county, in July, 1670, at which time 
administration was granted on the estate of Stephens to 
John Culpepper, as attorney for Sir William Berkeley, whose 
marriage with the widow may already have been solemnized. 
That council, previously appointed by Governor Stephens 
under his commission and instructions, was composed of 
Colonel John Jenkins, John Harvey, Major Richard Foster, 
and Captain Thomas Cullen, some of the other councillors 
not being in attendance.* 

*At a called court held July 15, 1670. at the house of Samuel 
Uavis, for the county of Albemarle, there were present the Hon. 
Peter Carteret, governor and commander-in-chief; Colonel John 
Jenkms, John Harvey, Major Richard Foster. Captain Thomas 
L-ullen councillors; and the following was adopted: Whereas 
Mr. John Culpepper, Gent., attorney for Sir William Berkeley^ 
governor, and captain-general of Virginia, petitioned to this court 
tor letters of admmistration on the estate of Captain Samuel 
Stephens, deceased, he putting in security to save the court harmless 



io6 CARTERET'S ADMINISTRATION, 1670-73 

^Jj° The news of the death of Stephens apparently reached 

England before the instructions prepared for him at the 
January meeting of the Proprietors had been sent, and so 
later in the year Carteret was appointed governor and his 
instructions were sent him, together with a copy of the Grand 
Model, which had been completed and fully perfected on 
March i, 1670. 

On September 27th of that year a general court was held 
for the county of Albemarle, there being present the same 
councillors, together with Francis Godfrey and John 
Willoughby. 

The Grand Model in practice: The precincts 
c. R., 1, 181 jj-, |-j^g instructions directed to Carteret as governor the 
Proprietors said they were not able to put the Grand Model 
fully into practice, "but intending to come as nigh to it as 
we can," Carteret was directed to observe it as far as prac- 
ticable. These instructions, therefore, varied from the Grand 

Grand _ 

Model vs. Model and also varied from the existmg svstem at Albe- 

the existing _ ... 

system marlc in several particulars. Among the directions given 

to Carteret was one that a writ should be issued to the four 
precincts of Albemarle for the election in each of five repre- 
sentatives for a general assembly, the division into four 
precincts having been made conformably to the rough draft 
of the Grand Model sent over in July, 1669.* Under the 
concessions, and under Stephens's instructions in 1667, the 
inhabitants were to choose twelve deputies, until "distric- 
tions of the county should be made," and then each "dis- 
triction" should choose two representatives. That would 



MSS. 



it is ordered that the said Culpepper have orders of administration 
Records grunted him. Whereas, Andrew Woodward was summoned to this 

atEdenton court of chancery, and being required to give his oath upon inquiry 
of what he knew to be the estate of Samuel Stephens, deceased, he 
wilfully denied and refused to give his oath, wherefore the court 
ordered that he remain a close prisoner. On September 27, 1670, a 
general court was held at the same place, which seems to have been 
at that time the convenient point of meeting. 

*The names of three of these precincts were Carteret, Berkeley 
and Shaftesbury ; the name of the fourth is now not positively 
known. 



THE GRAND MODEL IN PRACTICE 107 

indicate that at least six subdivisions were then in con- ^ 

templation ; now the county was divided into four precincts, 
as required by the Grand Model, each electing five repre- 
sentatives. Such was the origin of the right of the Albe- ^Jisin^"/;^ 
marie precincts to have five representatives, which they ^="'^tives 
continued to enjoy, despite all antagonism, until the adoption 
of the state constitution in 1776.* 

The nobility 

Five persons appointed by the Lords Proprietors, who c. r., i, iSi 
theoretically were to represent the nobility, were to sit with 
the twenty representatives chosen by the people to form 
an Assembly. After the Assembly had chosen a speaker, it 
was to elect five persons, who were to join the five deputies 
appointed by the Lords Proprietors to form the governor's 
council, the governor himself being the deputy of the Pala- 
tine. And this council of ten was to have the power of the 
Grand Council in the Grand Model. The governor and the 
five deputies were to form the Palatine's Court, and were 
vested with the jurisdiction and powers conferred on that 
court. Particular authority was conferred on the governor 
and council to establish courts for the administration of 
justice; and all the inhabitants were to take an oath of 
allegiance and of submission to the form of government. 

Such were the instructions to Governor Carteret, in 1670, 
to put the Grand Model into operation "as nigh as may be," 
and in several particulars to alter the existing government 
in order to do so, and to require the submission of the 
people to it under the sanction of an oath. Carteret, who 
early settled in Albemarle, and was so esteemed that he 
had been speaker of the Assembly, and whose qualifications 
were such that he had served as secretary of the general 
court, sought to give efifect to his instructions and put into 
operation the changes indicated. The county had already 

*In 1665, the freemen themselves met in Grand Assembly: in 1666, 
they assembled and appointed members to represent them ; and this 
was continued until the precincts were established, when the election 
was by precincts. 



io8 CARTERET'S ADMINISTRATION, 1670-73 



Model 



1^ been laid off into four precincts, which were now per- 

manently established. The governor and deputies held their 
Palatine's Court, the council was increased by five common- 
ers chosen by the Assembly, and in other respects attempts 
were made to follow the instructions of the Proprietors. 

The Grand Model in its complex entirety was not at all 
adapted to a few scattered planters in a new settlement ; nor 
were its provisions that erected a class of landed aristocracy 
in harmony with the spirit of liberty and of equality which 

G?ind°^'^^ would naturally be fostered in a remote wilderness. But it 
contained some important principles of liberty which thus 
became engrafted in the fundamental constitution of the 
colony, and whose maintenance was in after years of great 
interest to the people. Although it did not go into operation 
in all its parts, yet in some respects the frame and system of 
government conformed to it. The governor was the repre- 
sentative of the Palatine, the deputies were appointed from 
among the people, and the Assembly elected five persons to 
sit with them ; the precinct courts, the general courts and 
courts of chancery were now held conformably to the funda- 
mentals ; and every second year, in September, the people 
elected their deputies to sit in the legislature without any 
writ ; and the Assemblv met in November. 

The Quakers: Edmundson and Fox 

1672^ ^ It was during Carteret's administration, in 1672, that 

William Edmundson, a preacher of the new sect, the Friends, 
visited Albemarle, and the first religious meeting was held in 
the forests of Carolina. Accompanied by two woodsmen to 
guide him through the wilderness, Edmundson passed on 
horseback beyond the confines of the Nansemond settlements, 
and on the third day reached the house of Henry Phillips, 
the only Quaker then in Albemarle. Phillips and his wife 
had been convinced in New England, and coming to Carolina 
about 1665 had not seen a Friend for seven years. When 
Edmundson made himself known, they wept for joy. Word 
was speedily sent to the neighbors to come at noon to hear 



C. R., I, 215 



THE FIRST RELIGIOUS MEETINGS 109 

the preacher, and many came. For a dozen years those ^ 

who had first seated in that remote locality had been without 
church privileges, had not assembled in prayer, nor heard a 
preacher of the Word. Edmundson, accustomed to the prtac'h"es*°" 
observance of the proprieties, was shocked that they brought 
their pipes and sat smoking during the religious service. 
But while their forest breeding impressed him that they 
were not religious, yet he found the way to their hearts, and 
several at once received the "Truth with gladness." Truly, 
those were glad hearts that were converted and brought into 
communion with this apostle of repentance preaching that 
the inner light was a revelation of the Holy Spirit. On the 
third day Edmundson, well pleased with Carolina, returned ^- ^•' '• *'' 
to Virginia. But a few months later he was followed by the 
very head and founder of the faith, George Fox. Fox p^^ visits 
reached Bennett's Creek toward the last of November, and ^^-"""'"'^ 
taking a canoe, proceeded to the Chowan and then to Eden- 
ton Bay ; and there, obtaining a larger boat, went on to 
Governor Carteret's. The governor and his wife "received 
them lovingly," and Carteret courteously accompanied him 
two miles through the wilderness. Thirty miles more 
brought Fox to the residence of Joseph Scot, one of the 
assemblymen, where they had a precious meeting; and a 
few miles further they reached the home of the secretary 
of the colony, who had previously accepted the Quaker faith. 
For three weeks Fox lingered among these people of the 
forest, whom he described as tender and loving and recep- 
tive of the truth, holding meetings to which they flocked. 
The seed fell on good ground. The faith of the zealous and 
earnest evangelist, who appealed so effectively to the con- 
sciences of his hearers, took firm root in Albemarle. No 
other religious meetings were held calling the people into 
communion and at once ministering to their human needs 
and satisfying their spiritual longings. It was in sympathy 
with the solitude of their surroundings and the cjuietude of 
their daily life. There had been naught to disturb the rest- 
fulness of the people or to inflame their passions. Content- 



no CARTERET'S ADMINISTRATION, 1670-73 

!^ ment prevailed. The administration of their government had 

been of the people and for the people. Their assemblies met 
regularly, and the laws were of their own making. 

The first dissatisfaction 
c. R., 1, 21Q Yt the session of 1672 at least fifty-four acts were passed, 
^jjj. which may, however, have embraced all former laws then 

of^eya^'^ re-enacted. The fifty-fourth prohibited the sale of rum at a 
greater price than twenty-five pounds of tobacco per gallon ; 
for the unit of value was the pound of tobacco, and taxes, 
rents, and debts were all payable in that commodity. This 
attempt to regulate prices, interfering with the freedom of 
trade, was soon found to be inexpedient, because if the 
traders could not make a greater profit on the rum, they 
would not bring in other commodities that were more neces- 
sary to the inhabitants. The next year, therefore, the act 
was repealed. 

Notwithstanding those features of the Grand Model that 
were inimical to freedom, there was probably no opposition 
to the introduction of the administrative changes which 
Carteret, under his instructions, put into operation. The 
people, few in number, somewhat scattered, occupied with 
their industries, probably did not at first greatly concern them- 
selves with those provisions of the new constitution that 
were not to be carried into effect at once among them ; but 
when they were required to take an oath to support it and 
to abide by it, and when one of its unalterable provisions 
was that their rent per acre, instead of one farthing per 
acre, payable in commodities, should be as much silver as is 
contained in a penny, they exhibited signs of dissatisfaction. 
DeecP'^"' They had just secured by the Great Deed the concession for 
appealed to ^^iij^h they had petitioned years before, that their rent should 
be like that in Virginia, and the proposed change must have 
aroused indignation. In the records of Perquimans is an 
entry showing that Francis Toms, Christopher Nicholson, 
and William Wyatt, being Quakers, did subscribe the 
Fundamental Constitutions, but they added a protest, how- 



DISCONTENT IN THE COLONY in 

ever, that by accepting the Grand Model they should not ^^ 

be disannulled of the gracious grant given by the Lords 
Proprietors in their Great Deed to hold their lands according 
to the tenure of Virginia. Doubtless this protest but ex- 
pressed the common sentiment of all the inhabitants. 

Besides, just at this time there were other causes of dis- 
content arising from the navigation laws and customs duties, 
which if enforced would seriously interfere with the trade of 
the colony. But whatever was the occasion, dissatisfaction 
pervaded the settlement — a dissatisfaction so pronounced that 
Carteret could not stem it. The new element introduced into 
the council by the admission of five inhabitants appointed by 
the Assembly now changed the attitude of that body toward 
public measures and virtually brought it under the rule of 
the people themselves. The council was no longer in har- 
mony with the governor. 

Carteret's efforts to compose differences were fruitless ; he Carteret 
wearied of the attempt, and finally laid down his office and 
abandoned the colony. Before May, 1673, he sailed for 
England, leaving the administration, it is said, in ill order 
and worse hands. 

On May 25th, at a council held at the house of Thomas 
Godfrey, Carteret was absent and Colonel John Jenkins 
presided as deputy governor. 



resigns 



CHAPTER X 
Administrations of Jenkins and AIiller, 1673-78 

The navigation acts. — The Board of Trade. — The people mur- 
mur. — Other causes of dissatisfaction. — An Indian war. — The to- 
bacco duty resisted. — The administration compromises.— Miller ar- 
rested. — Eastchurch goes to England. — Governor Jenkins deposed. — 
Eastchurch appointed governor. — Bacon's rebellion in Virginia. — 
A government by the people. — Eastchurch deputizes Miller. — Op- 
position to the navigation acts. — Durant resolves to revolt. — Miller 
acts resolutely. — Durant returns to Albemarle. — The crisis arrives. — 
The revolt proceeds. 

The navigation acts 

,660 Since the opening of the century there had been rapid 

"^ progress in the art of manufacturing and in the develop- 

ment of the commercial interests of England. Fierce wars 
had been waged for the expansion of trade and for the 
establishment of commercial supremacy. The early navi- 
gation acts, strengthened by Cromwell's legislation, were 
initial movements in a system intended to secure the mer- 
cantile prosperity of England. And as the enterprising 
Dutch were now proving successful competitors in the 
colonial trade, there was in 1660 a further enactment, aimed 
at Holland, that all importations into the plantations should 
be in English ships. Because of that prohibition, Dutch 
vessels were no longer seen in American harbors, and the 
carrying trade was secured. But still there was direct inter- 
course between the colonies and European ports, and the 
London merchants did not reap all the advantage of the 
1663 colonial trade. So three years later English statesmanship 

took a further step. The importation of European com- 
modities into the colonies was prohibited unless shipped from 
England. In the interest of the London merchants, it was 



THE NAVIGATION ACTS BURDENSOME 



113 



virtually enacted that the colonies could obtain foreign goods 
only from them. Still there was unrestrained trade between 
the colonies themselves. The Englishmen in New England 
could freely barter with their fellow-subjects of Albemarle, 
and that, indeed, was the chief source of supply for that 
colony. And it may be that the New England merchants 
evaded the navigation acts, and that a part of the European 
commodities brought to Albemarle had not come by way of 
London. At any rate, the growing mercantile importance of 
New England attracted attention, and in 1672 a blow was 
aimed to cripple it. An act was passed abridging the free- 
dom of inter-colonial traffic. 

A duty was imposed on tobacco and certain other enu- 
merated articles when exported from one colony to another. 
And tobacco was the staple in which payments were made. 
It was the basis of bills of credit. The duty imposed was a 
penny a pound, and to that extent the tax lessened the value 
of tobacco as a debt-paying commodity in the inter-colonial 
trade. Indeed, tobacco from the first had been the subject 
of particular regulation. Its culture in England was for- 
bidden, and Charles I had taken to himself the entire pro- 
duction of the English colonies, at a price fixed by himself, 
and it paid a duty on being brought into England. If any 
obtained at xA.Ibemarle by the New England merchants was 
shipped to the continent, the king lost his taxes and New 
England obtained funds from abroad to pay for European 
commodities to be clandestinely brought into the colonies. 
To stifle this trade and to secure more funds for the deplen- 
ished purse of a needy sovereign this export tax was im- 
posed, and it was to be collected by officers of the Crown. 
Indeed, the entire regulation of colonial afifairs, being claimed 
as a royal prerogative, had on the Restoration been com- 
mitted to the king's Privy Council. When Ashley became 
chancellor of the exchequer, in 1668, ever active in pro- 
moting national advancement, he procured the appointment 
of a Council of Commerce, to whom was assigned special 
charge of the colonies. In 1672 Ashley became lord high 



1672 



Tobacco 
shipped to 
New 
England 
taxed 



Origin 



114 JENKINS AND MILLER, 1673-78 

1672 chancellor and was created Earl of Shaftesbury, and in the 
same year this export tax was laid on tobacco. 

The Board of Trade 

But the Council of Commerce was inefficient, and later it 
was dissolved and its functions were transferred to a new 
board appointed to take charge of all matters relative to 
trade and the foreign plantations ; and the immediate care of 
these afifairs was committed to a few selected members, 
among them being Shaftesbury, Craven, Berkeley, and Col- 
leton, four of the Proprietors of Carolina, while Landgrave 
Locke was their secretary. Such was the origin of this 
board that continued until the Revolution to manage the 
affairs of the American colonies. At the time of its creation 
the colonies were free to export their products, except 
tobacco and some other enumerated articles, in English ships, 
to the West Indies and elsewhere, and to import rum and 
salt and produce in return ; and European commodities im- 
ported by one colony from England could be reshipped to 
another ; tobacco could be exported from one colony to 
another on the payment of the export tax, and upon its 
importation into England an import duty was to be paid. 
But while these were the regulations, they had not been 
enforced. No customs officers had been appointed for 
Albemarle, and there had been no interference with the trade 
that enterprising New Englanders had established with 
Albemarle. Now there was to be a change ; but Shaftesbury 
was no longer on the board. 

1673 His zealous efforts to arrest the advance of Catholic influ- 
ences had, in 1673, separated him from the other great 
officers of state, and in September of that year, having been 
dismissed from the office of lord chancellor, he became the 
popular leader and the central figure in the contest against 

Shaftesbury <^\-^q measures of the court. Having carried through Par- 
liament a bill forbidding Catholics to come within ten miles 
of London, the king, who was largely under Catholic influ- 



THE NAVIGATION ACTS ENFORCED 115 

ences, dismissed him from the Privy Council and ordered ^ 

him to leave London. 

The people murmur 

It was fifteen years after the axe of the first settlers had 
rung in the clearings of Albemarle before any order "by the 
king's command" was heard in Carolina. Then came com- 
missions for one Copeley and one Birch to be the king's 
collector of customs and his surveyor of customs; and in c.r., 1,291 
case these appointees should not be in the colony, the gov- 
ernor was directed to fill the offices by his own appointment. 
Copeley and Birch did not appear and claim their commis- 
sions, so the duty of appointment devolved on John Jenkins, 
then president of the council and acting governor. Oppo- 
sition was at once manifested to this first step toward 
putting in force the navigation acts and trade regulations 
that had not been previously observed in Albemarle. But 
Jenkins and the other deputies managed to reconcile the 
people to it, and the appointments were made. Timothy q r , i 292 
Biggs, the deputy of Earl Craven, who had married the 
widow of Speaker Catchmaid, was appointed surveyor of 
customs, and \'alentine Byrd, the collector. Byrd was a man 
of consequence and of wealth, and lived in style, as the 
inventory of his estate filed on his death a few years later 
indicates.* He entered on his duties, but probably was not 
exacting or thorough in their performance. It was said that 
many hogsheads of tobacco went out tax free marked as 
"bait for the New England fishermen," and European com- 

*In 1680 we have the inventory of Captain Valentine Byrd. who 
was one of the grandees of the time, and here we come upon "fine 
Holland sheets," and "diaper napkins," and "table cloaths," and 
"silver tankards and spoons," "dressing boxes," "mirrors," "books," 
"a coach," and "lignum-vitge punch bowl," with a rich account of 
household articles in the shape of "warming pans," "beds and bed- 
dmg," "chairs and tables," clearly demonstrating that Captain Valen- "^"'•'5' "- 
tine Byrd was a man well-to-do in this world ; and if not very " 
comfortable, had no one to blame but himself, for he had men 
servants and maid servants, negroes, Indians, and white convicts, and 
lands well stocked and good tenements thereon, all of which he left 
to his wife, who afterward gave both it and herself to the first 
leader of rebellion, and became Madame Culpepper. 



ii6 



JENKINS AND MILLER, 1673-78 



The Re- 
monstrance 



^ modities were allowed to be landed that did not come under 

a London manifest. Still ostensibly the law was observed in 
Albemarle, but it was a constant cause of irritation. 

In the meantime other circumstances led to discontent 
and apprehension among the inhabitants. There were 
rumors that the rents were to be raised, and also that the 
province was to be divided among the Proprietors, and that 
Albemarle was to be allotted to Sir William Berkeley. It 
would have been repugnant to the freemen of Albemarle to 
be cast under the dominion of any single Proprietor ; but 
when their ruler was to be Berkeley, whose tyranny in Vir- 
ginia was drawing the inhabitants into revolt, the suggestion 
was abhorrent to them, and the Assembly in November, 1675, 
adopted a remonstrance to the Lords Proprietors on the 
subject. 

An Indian In addition to these troubles an Indian w'ar now set in. 

c.R.,1,658 Some of the savages who had been waging a murderous 
warfare on the northern borders of Virginia fled to the 
Meherrins and stirred them up to hostilities, and they began 
to roam in the wilderness between Albemarle and Nanse- 
mond, and committed several murders that aroused the 
people. Fortunately, just when needed. Captain Zack 
Gilliam came into port from London with his armed ship, 
the Carolina, bringing a cargo among which was a supply 
of arms and ammunition, and a force was organized to 
suppress the Indians. In the prosecution of this war, which 
lasted for more than a year, as the council said later, "by 
God's assistance, though not without the loss of many men," 
the Meherrins were wholly subdued, and were removed from 
their territory on the south side of the Meherrin River, which 
they had occupied under a treaty made by commissioners 
appointed by King Charles II, to a reservation at the mouth 
of the Meherrin River, and on the north side, although after 
that some of them planted corn and built cabins on old fields 
of the Chowanoak Indians on the south side of the river. 
On the return of the force from this campaign against the 
Meherrins the people, with arms in their hands, demanded 



Meherrins 

subdued, 

1676-77 



The tobacco 

duly 

resisted 



NAVIGATION ACTS RESISTED 



117 



that the export tax on tobacco shipped to another colony 
should not be collected. Here was incipient rebellion. The 
grievance to be redressed was not because of the Proprietary 
government, but it arose under the laws of England. The 
purpose of the English statesmen was to build up England's 
greatness by constraining the colonies to trade at London 
and by preventing inter-colonial trade in tobacco. The New 
England traders, it was alleged, were adept in evading these 
regulations. Vessels leaving England would stop at Ire- 
land and obtain a quantity of linen ; others would call by 
the Canary Islands and take in wine. There was nothing 
immoral in tlie act itself. It had always been proper and 
lawful, but now it was sinful because prohibited in the inter- 
est of the London merchant. And so with tobacco. It was 
entirely proper to export it from Albemarle direct to London 
without any export duty, but if used to pay a debt in New 
England it was burdened with an export tax. Its value 
as a debt-paying medium, if used in the New England trade, 
was lessened a penny a pound in the interest of the London 
merchant. The coast trade was natural, but it was not 
helpful to London, therefore it must be stifled. Such was the 
argument of the English statesmen. The men of Albemarle 
were not of that mind. They preferred to consult the advan- 
tage of Albemarle. The law they objected to was not of 
their making. It was not for their benefit. It was disad- 
vantageous to their community. It was imposed on them 
without their consent by men across the Atlantic to pro- 
mote their own selfish interests. It was not submitted to with 
complacency. Oppressive and unjust legislation bears the 
same fruit in every age. There are evasions by artifice and 
then revolt. Hogsheads of tobacco were clandestinely ex- 
ported, and then the people with arms in their hands took 
an open stand against the enforcement of the law. Chief 
among those who led the opposition was George Durant, 
who had become one of the most influential men in Albe- 
marle, and who had a considerable quantity of tobacco for 
shipment to New England ; and in alliance with him were 



1677 



Tobacco 
export laws 



Armed 
rebellion 



ii8 JENKINS AND MILLER, 16/3-/8 

^ Richard Foster, one of the council; Patrick White, Wilham 

Crawford, and Valentine Byrd himself. 

The administration compromises 

c.R. ,1,292 fi^g fg^y councillors and officials who felt constrained to 
support the law were unable to cope with a determined com- 
munity. They therefore effected a compromise. Without 
authority, they ofitered to reduce the export tax to a farthing 
the pound. That was assented to, and Byrd was allowed 
thereafter to peacefully discharge his duties, but even then 

The law probably he used no great vigilance as the king's officer. 
And, indeed, it was afterward alleged against him that he 
allowed much tobacco to be exported without the payment 
of any duty, and even winked at the importation of European 
manufactures that had not come by way of England. 

And now came some episodes that in the uncertain and 
unsteady light thrown upon them and the shifting relations 
of the actors cannot be certainly accounted for, and the causes 
can only be surmised. 

Thomas Miller, an apothecary, but a person of some con- 
sideration, was often in drink. There seems to have been 
bad blood between him and Jenkins, the president of the 
council. It is said a conspiracy was formed by Jenkins and 

arresYed Johu Culpcppcr, who had once been the surveyor-general 
of Carolina, to charge him with uttering treasonable words 
against the king's person and the monarchy, as well as blas- 
phemy. Early in 1676 he was arrested by Jenkins and the 

C.R., 1,269, council and held under a guard of soldiers, put in irons 
and thrown into prison. Then, doubtless on their application 
to Berkeley, that rank Royalist issued a mandate for Miller's 
removal to Virginia to be tried before him and his council. 
The Albemarle Assembly, however, was no party to this 
proceeding, and it heard evidence in opposition to the 
charges. Miller, on being carried to Mrginia, was acquitted 
by Berkeley and his council, and he caused his attorney, 
Henry Hudson, to mstitute an action for damages against 
Culpepper, and then in May Miller took shipping for London, 



314 



CONFLICT WITH GOVERNOR I EN KINS 119 

bearing- with him a remonstrance to the Proprietors adopted ^^ 

by the Assembly in the preceding November, and also a 
subsequent address adopted in March, relative to the depo- 
sition of Jenkins, and assuring the Proprietors of their 
fidelity to them. 

About the same time Thomas Eastchurch, speaker of the Eastchurch 
Assembly, also sailed for London. He had had a case in England 
one of the courts, of which Captain John Willoughby 
was a member, in which the court decided adversely to him, 
and on his proposing to appeal to the Lords Proprietors 
Willoughby denied the appeal, declaring that his "court was 
the court of courts and the jury of juries." Willoughby is 
alleged to have been a great tyrant. For his tyrannical 
conduct and oppression he was cited before the Palatine's 
Court, but he beat the officer of that court and refused to 
attend ; thereupon he was declared in contempt and out- 
lawed, and the succeeding General Assembly put a price on 
his head, and he fled to Virginia and remained there until the 
government of Alliemarle subsequently became unsettled. 

It would seem that Jenkins's course toward Miller, and Governor 
perhaps his willingness to have the custom duty on tobacco deposed, 
collected, led to charges of misdemeanor against him, and ^^' '*^^ 
the General Assembly deposed him from his office as presi- 
dent of the council and imprisoned him and sent by Miller 
to the Proprietors for instructions. There was a conflict be- 
tween the Assembly and Governor Jenkins, who was never- 
theless sustained by a majority of the council. Nor were 
the Proprietors satisfied with the conduct of their own 
deputies, who in several particulars had disregarded their 
wishes and in some instances had thwarted them. The Pro- 
prietors had directed that towns should be laid off and built 
at Roanoke Island and elsewhere, so that trade could be 
centred at certain points instead of being carried on in a 
desultory way at the landing places of the planters. They 
had also directed that a way by land should be opened to the 
settlement on the Ashley ; and they had particularly enjoined 
that plantations should be settled on the south side of the 



I20 JENKINS AND MILLER, 16^3-78 

^ sound. None of these instructions liad been obeyed, and 

the councillors had prevented any settlement on the south 
side of the sound, because that would have interfered with 
their individual trade with the Indians in that direction, 
which they had engrossed. Indeed, Thomas Cullen, one of 
the deputies, was accused of furnishing the Indians with 
pistols and with arms and ammunition, and because of that 
charge he fled from the colony. 

Eastchurch appointed governor 

^28^33^' Ii"! the fall of 1676 Eastchurch and Miller arrived in 

London, and the Proprietors at once took their matters into 
consideration. Eastchurch was not merely a gentleman of 
good fame, but was related to Lord Treasurer Clifford, one 
of the Board of Trade, who had solicited his appointment as 
governor. The Proprietors finding that he was a very dis- 
creet and worthy man, was speaker of the Assembly and 
much interested in the prosperity of the colony, Novem- 
ber 21, 1676, appointed him governor. They also, in a letter 
to the Assembly, approved its action in regard to Jenkins, 
and expressed their appreciation of the respect shown for 
themselves by the Assembly. 

Difficult indeed was the situation of those Proprietors who 
were members of the Board of Trade and in duty bound to 
see his Majesty's customs collected, and were yet interested in 

J/s'ef^gov- preserving quiet in their province, where the people were evad- 
ing the payment of that tax in defiance of the royal authority, 
and, emboldened by the progress of Bacon's revolution in 
Virginia, were likewise manifesting a purpose to govern 
themselves.* 

*In May, 1676, because of Berkeley's supineness in not checking 
Indian hostilities, many of the Virginians embodied under the leader- 
ship of Nathaniel Bacon and marched against the Indians ; this pro- 
ceeding being in defiance of Governor Berkeley's wishes, on the 
29th of the month he proclaimed them rebels. The next month an 
Assembly met, and Berkeley having promised to issue a commission 
to Bacon as commander of the forces against the Indians, all differ- 
ences were quieted. But later the governor refused to abide by the 
agreement, and withheld the promised commission. Bacon hurriedly 
marched his troops to Jamestown, surrounded Berkeley and de- 



ernnient 



EFFORTS FOR COMPROMISE 121 

If any one could reconcile the conflicting elements in Albe- ^77 

marie, Shaftesbury wisely surmised that he must be found 
among those who were in favor with the Assembly. So 
having appointed Speaker Eastchurch governor, he procured 
Miller's appointment as collector of customs, for Miller's 
cause had been espoused by the Assembly, and he had borne 
their letters to the Proprietors, and on his account they had 
imprisoned and deposed John Jenkins, the president of the 
council. 

A year had elapsed since the Assembly had by the deposi- g'^h"'"'"' 
tion of Jenkins taken the administration into its own hands, p^°p'^ 
and still the Proprietors did not hasten to interfere. Shaftes- 
bury, now grown to be the greatest of all subjects, had 
persistently declined the overtures of the king, and had 
resolutely agitated to secure safeguards for Protestantism 
and liberty. In 1677 a mismove led to his arrest and im- 
prisonment in the Tower, and all his applications for a 
habeas corpus being denied, he was only released by the 
king's order the following year. 

Eastchurch deputizes Miller 

The new governor dallied in England, and it was not until 
toward June, 1677, that Eastchurch and Miller departed for 
Albemarle. And even then, instead of sailing direct for 
Virginia, they embarked in a vessel bound for the island 
of Nevis, in the Caribbean Sea. There Eastchurch fell in Eastchurch 

stops at 

with a lady of attractive person and with a considerable Nevis 

manded the fulfilment of the promise. The governor complied; but 
shortly afterward revoked the commission as being obtamed under 
compulsion, and raised an army to take Bacon, who was again pro- 
claimed a rebel. In September the contending forces met at James- 
town, and Berkeley was routed and fled. Bacon thereupon called a 
new Assembly. But on the first day of October he fell a victim to 
fever contracted in the trenches of Jamestown. After his death 
Berkeley soon re-established his authority and terrorized the Vir- 
ginians by his unsparing cruelties and excessive executions. On 1677 
January 29th, however, Herbert Jeffreys arrived from England, 
bringing a commission as lieutenant-governor, and accompanied by 
a regiment of soldiers. Berkeley sailed for England in April, and 
smarting under the king's disapprobation, soon after his arrival died 
of a broken heart. 



122 JENKINS AND MILLER, 16/3-/8 

]^Z fortune, and, remaining to pay his addresses, commissioned 

Miller, who had been appointed deputy, to be president of 

the council, and despatched him in advance to settle affairs 

by the time of his own arrival. 

C.R., I, In Tulv Aliller reached Albemarle, and having exhibited 

278, 292 -' - ' &> 

i^^'!'" his commissions, was quietlv admitted into his various offices 

arrives '■ 

July, 1677 ^j-|(^i assumed the reins of government. All the inhabitants 
again took the oath, or, being Quakers, subscribed it, of 
allegiance to the king, fidelity to the Proprietors and sub- 
mission to the established government. The Indians being 
still hostile. Miller during the summer carried on a cam- 
paign against them, and eventually they were overcome. 

As collector of customs Miller appointed deputies in every 
precinct, among them Timothy Biggs, who were very active 
in collecting the export tax on tobacco and in seizing any 
European commodities that had not come from England ; 
and, indeed, the ship Patience was seized for unlawfully 
bringing in such goods. 
t^The"'°" This zealous enforcement of these odious laws again 
"a^ws^''^"'" occasioned discontent among the inhabitants, who had acqui- 
esced in Valentine Byrd's easier administration. And then 
it began to be rumored that Byrd was to be held accountable 
for great sums and much tobacco that he ought to have had 
in possession, as well because of what he had collected as 
because of what he had failed to collect. Such demands 
interested not merely Byrd, but all exporters of tobacco 
who had profited by the reduction of the tax to a farthing 
the pound. 

Durant resolves to revolt 

c. R., T, Perhaps it was because of this probable demand that the 

258, 286 ^ . ^ 

idea of revolt had suggested itself to Durant, whose interest 
lay in not disturbing the existing situation. He being in 
London subsequent to the appointment of Eastchurch and 
Miller, had plainly told the Proprietors that Eastchurch 
should never be governor, and rather than that he would 
revolt. Bold, self-reliant, and masterful must have been that 



DURANT BEGINS THE REVOLT 123 

untitled woodsman when standing face to face with the ^ 

great earl and the other powerful noblemen who owned 
Carolina he had warned them that Eastchurch should never 
be governor, but that he would keep him out by force and 
arms. Whatever principle had been settled in England by 
the Restoration, in Albemarle Durant still held that govern- 
ment should be by consent of the governed. And his purpose 
to revolt against Eastchurch's administration was openly 
declared in Albemarle. 

Of this Miller doubtless had timely information, and his Sudy' 
arbitrary measures while acting as governor may have been q. r., i, 
taken because of it. He made limitations on the choice of *^'^'*^^ 
assemblymen, and succeeded in having himself invested with 
the power of imposing fines at his own pleasure. Armed 
with this authority, he issued warrants to have some of the 
most considerable men in the colony brought before him 
dead or alive, setting a price upon their heads, and for his 
own protection he surrounded himself with a guard of 
soldiers. Such desperate measures indicate apprehension 
of trouble ; and, indeed, as they were reasonably calculated 
to excite a conflict, Miller must have considered that revolt 
was imminent and that the better way to meet it was by 
resolution and a show of force rather than by temporizing. 
Forewarned, he doubtless thought to overawe those who had 
not already attached themselves to the leaders of the opposite 
faction by a show of determined conduct. 

On December i, 1677, the Carolina came into port from 
London with George Durant on board, who found Gilliam 
a willing ally in his plans. Gilliam himself had a grievance ^" ^^ ''''^^ 
against some of the Proprietors, who had turned him out of 
a considerable employment in Hudson's Bay, and wished 
them evil. His son also seems to have had a vessel plying 
from Albemarle to New England, and while the Carolina 
and her consorts took in cargoes for London, there may have 
been illicit traffic to which all the shipmasters were parties. 
A person described as the New England ambassador had 
been in Albemarle, and rumors were set afloat to inflame the 



Durant 
returns to 
Albemarle 



Dec, 1677 



IJ4 JENKINS AND MILLER, 1673-78 

]^Z people. It does not appear that there was harbored a design 

to throw off allegiance to the king or to deny the authority 
of the Lords Proprietors, but rather to impede the enforce- 
ment of the navigation acts and the collection of the tax 
Purpose Qj^ tobacco shipped to New England. The laws relating to 
rebellion trade bore hard upon them, and the Revolutionists proposed 
to prevent their operation. If necessary to that end, they 
would subvert the administration and set up a government 
of their own, and thus at least for a time escape from the 
rule of those who would enforce the regulations that bore 
so heavily upon their trade. Such appears to have been 
the purpose of the confederates, who drew into their meas- 
ures nearly all the leading inhabitants, except alone the 
deputies and those holding employment under Miller. The 
occasion for the outbreak followed swift upon the arrival 
of the Carolina. That ship was well armed, "a pretty vessel," 
carrying several cannon, and could defy any force Miller 
could bring against her. She now brought in a cargo com- 
posed in part, as the year before, of arms and ammunition, 
swords and pistols for sale to the farmers of Albemarle. 

The crisis arrives 

C.R., 1,297 Coming to anchor ofif Captain Crawford's landing, no 
sooner had Gilliam gone ashore than Miller charged him 
with having carried off his last cargo of tobacco without 
paying the tax, and demanded the payment now of a thou- 
sand pounds. Gilliam refused to make this payment, 
alleging that the tobacco had been carried to London and the 
tax was paid there. He was at once arrested and his papers 
seized; and Miller having thus begun his proceedings, 
hastened that night aboard the Carolina, and with cocked 
pistols sought to arrest George Durant, charging him with 
treason. This step precipitated the crisis. It led at once to 
a resolute purpose to overthrow the administration. The 
men of Albemarle, trained in their sequestered homes to 
prompt action, now boldly took an open stand. The leader- 
ship was conferred on John Culpepper, a man of energy 



CULPEPPER LEADS THE MOVEMENT 125 

and enterprise, and the movement has been known to history ^ 

as the "Culpepper RebelHon." A report was quickly spread 
abroad that Gilliam was about to depart and carry all his 
cargo away, and the inhabitants would lose the chance of 
trading with him. Such a misfortune, it was declared, con- 
cerned all the people, and to prevent it a revolution was 
necessary. 

Valentine Byrd, with Culpepper and other coadjutors, im- ' " ''"'^ 
mediately embodied a force and seized the person of Timothy 
Biggs, deputy collector of customs, and arrested him on the 
charge of murder. The next day a force of forty armed men niggs and 
seized Miller and two other deputies and put them in irons, arrested 
charging them with treason. Culpepper, who is said to have 
had considerable experience in insurrection in several of the 
colonies, now despatched instructions to Richard Foster, 
who, although one of the council and a deputy, was in 
alliance with the confederates to arrest Hudson, the deputy 
collector in Currituck, and to seize his papers and bring 
him to George Durant's house. And a proclamation, called TheRemon- 

"" ,.,_. rT=» ~ strance of 

the Remonstrance of the Inhabitants of Pasquotank, was Pasquotank 
on the same day, December 3d, prepared and sent to the 
other precincts, setting forth their justification for the revolt. 
In it the confederates averred that the occasion of securing 
the records and imprisoning the president was that thereby 
the country might have a free Parliament, by whom their 
grievances might be sent home to the Lords Proprietors. 
Miller they charged with having denied a free election and ^«^' 'j^'j g 
with cheating the country out of one hundred and thirty 
thousand pounds of tobacco, besides the expense of '"near 
twenty thousand pounds of tobacco he had brought upon us 
by his piping guard," and they recited his conduct toward 
Captain Gilliam and Durant, "and many other injuries, mis- 
chiefs and grievances he hath brought upon us, that thereby c.R., 1,249 
an inevitable ruin is coming upon us (unless prevented), 
which we are now about to do ; and hope and expect that 
you will join with us therein and subscribe this." 



CHAPTER XI 

Administrations of Harvey, Jenkins, Wilkinson and 

SoTHEL, 1679-89 

The revolt successful. — A government by the people. — Victory 
brings moderation.^ — Quiet succeeds the storm. — The revolt against 
arbitrary power and the navigation acts. — The Proprietors 
dilatory. — The increase of Albemarle. — The Proprietors acquiesce. 
— Seth Sothel sent to govern. — John Harvey governor. — Miller 
flees. — Durant dominant. — Biggs retires to Virginia. — The Quakers 
appeal to the Proprietors for protection. — Harvey dies ; suc- 
ceeded by Jenkins. — Culpepper tried, but acquitted. — Shaftesbury 
in exile. — Albemarle to observe the law. — Wilkinson governor. — 
Sothel arrives. — John Archdale visits Albemarle. — A view of the 
situation. — Sothel becomes a tyrant. — He is expelled. 

The revolt successful 

,677 The Revolutionists, having appealed to the country for 

cTr., I, support, lost no time in dallying. A supply of arms was 
'*'' 303 obtained from the Carolina, and Culpepper conducted a force 
to Chowan, where he seized the marshal and all the records in 
his possession. 
c. R., I, agg Aftcr kccpiug Miller and the other prisoners about a fort- 
night at Crawford's house, the Revolutionists proceeded by 
water to George Durant's, being accompanied by several 
boats filled with armed men. As they passed the Carolina 
she, with all her flags and pennons flying, saluted them by 
firing three of her great guns. At Durant's some seventy 
men had assembled, and Foster, with an additional party, 
soon arrived with their prisoner from Currituck. A search 
was now made for the seal of the colony, which was found, 
together with Miller's commission and other public docu- 
ments, concealed in a hogshead of tobacco. Being in pos- 
session of the great seal and of the public records, and the 
old officers deposed and in prison, Durant, Culpepper and 
their associates proceeded to establish a government and to 
order matters their own way. 



Dec, 1677 



" EASTCHURCH IN VIRGINIA 127 

1677 
A government by the people ~-^ 

An Assembly of eighteen members was elected, which 
deputed five of its members (John Jenkins and Valentine 
Byrd being among the number) to sit with Foster, one of 
the Proprietors' deputies, and form a court for the trial of 
the prisoners, who were charged with treason. A grand 
jury was formed and a petit jury was being summoned when 
the proceedings were interrupted by the receipt of a procla- ="97, 299 
mation issued by Governor Eastchurch, warning them to 
desist and return to their homes. Eastchurch had reached 
Virginia eight days before, and on learning of the revolt, 
hastened to demand that the Revolutionists should disperse 
and be obedient to lawful authority. The trials were ad- ^' ^" '' ^'^ 
journed and a force was despatched to prevent Eastchurch 
from coming into Albemarle ; and, as Durant had threatened, 
they kept him out by force of arms. Disappointed and 
baffled, Eastchurch invoked the aid of the governor of Vir- 
ginia, there being in that province the troops sent from 
England to suppress Bacon's Rebellion, and permission was 
given him to enlist volunteers. To meet this new danger that 
threatened them the Revolutionists organized a larger force, 
and to obtain the necessary funds seized the customs money 
which Miller had collected, and deposed him as collector and 
elected Culpepper in his stead, following a precedent that 
had just been set in Virginia, where the Assembly elected a 
collector to fill a vacancy. But while collecting recruits and 
organizing his forces Eastchurch fell ill with fever, and 
within a month died in Virginia. With his death all appre- c. r., i, 298 
hension of immediate interference with their plans passed 
away. Durant and his coadjutors were masters of Albe- 
marle. All of the deputies but Foster being arrested, and 
all opposition overcome, the Revolutionists now proceeded 
more slowly and with greater caution. 

Their success had been obtained by boldness and resolu- victory 

brings 

tion, and it was complete ; but looking to the future, they moderation 
realized that their situation called for the exercise of wisdom 



/ 



/ 

128 HARVEY TO SOTHEL, 1679-89 

i^ and discretion. The interrupted trials were not resumed. 

Miller was conveyed to William Jennings's plantation at the 
upper end of Pasquotank River, where a log house ten feet 

c. R., 1, 300 square was built for his prison, and there he was confined, 
not being allowed either writing material or intercourse with 
any friend. Similar prisons were constructed for each of 
the other prisoners, and precautions were taken to prevent 
any of them communicating with England. But Biggs con- 
trived to escape, and, succeeding in his efforts to reach Vir- 
ginia, hastened to England. To counteract his representa- 
tions to the Proprietors, the Assembly was convened and 
two commissioners were despatched to explain their pro- 

sioITe'J's^sent cecdiugs aud to conciliate the Proprietors by promising all 
ng an Planner of obedience to their authority, but they were to 
enlarge on the tyranny of Miller and to insist strongly for 
right against him. Chalmers says that these agents were 
Culpepper and Holden, but apparently he is in error. Some- 
what later Holden, who had been in England, returning to 
Virginia stopped in Boston, and while there wrote to the com- 
missioners of customs about what had taken place in Albe- 
marle, and mentioned that he had never seen and did not 
know Culpepper. It is said that one of these commissioners 
was quickly despatched, Gilliam providing the funds, and 
that the' other, George Durant, was to sail in the Carolina 
after measures to insure safety were perfected. Shortly after- 
ward they were both together in London. 

CR., 1,288 ij^ tjie meanwhile there was established in Albemarle what 

A free 

government Qilpcppcr callcd "thc govemmeut of the country by their 
own authority and according to their own model." The 
people had at last a free Parliament. Thomas Cullen was 
speaker, and among the members were John Jenkins, Alex- 
ander Lillington, Thomas Jarvis, Henry Bonner, William 
Jennings, Anthony Slocumb, John Varnham, William Craw- 
ford, Richard Sanders, Patrick White, and Valentine Byrd, 
and other substantial men. Byrd's career was, however, 
fast drawing to a close, and within a year the troubles of 
Albemarle had ceased for him. 



REASONS FOR CULPEPPER'S REVOLT 129 

Foster, one of the deputies, and the assistants chosen by ^ 

the Assembly to act with the deputies in forming the grand 
council, were co-operating with the Revolutionists, and these, 
under the direction of Durant and Culpepper, managed the 
public business. While Harvey and many others may have 
been inactive, yet it does not appear that there was any 
substantial opposition to the revolt. Jri'l^'gaiJi'st 

As neither the king's authority nor that of the Proprietors po^e^Ind 
was denied, the Revolutionists did not regard themselves as l^TnlawP" 
being in rebellion. Indeed, at one time, when some of the 
people set up a cry that they would have no lords nor land- 
graves nor caciques, the leaders quickly hushed them and told 
them that that would not do. They justified their action 
on the claim of right to protect themselves from the arbi- 
trary exercise of power by Miller ; and as to that, the 
Proprietors found that they had cause for their action. 
But before Miller came as deputy-governor Durant had 
declared his purpose to keep Eastchurch out, and he took 
measures in preparation for the revolt. From the attending 
circumstances it reasonably appears that the original purpose ^^^^ ^^^ 
was to escape from a too rigid enforcement of the navigation '''^ revolt 
laws and custom duties, and to this end Culpepper was 
chosen collector. The annual tax on tobacco was £3,000, and 
that was the stake at issue. Indeed, just at that time strenu- 
ous efforts had been made to obtain from the king a repeal 
of this export duty. And while Charles, to show his favor 
to Carolina, did at his own charge send two vessels to con- 
vey some foreign Protestants to the province, and remitted 
some of the duties and restraints of trade, and might have 
granted this particular request, he was persuaded not to do 
so by his commissioners of customs, who strongly recom- 
mended against it because they foretold the exemption asked 
for would occasion abuses more easy to prevent than to 
abolish. 

Thus the outbreak in Albemarle in 1677 was of the same Forerunner 

' ' of tlie 

color and similar in origin to the outbreak on the continent Revolution 



130 HARVEY TO SOTHEL, 1679-89 

1^ a century later, which in the course of its progress developed 

into a struggle for separation and independence. 

Therefore, while the Revolutionists established courts and 
held parliaments and maintained order and otherwise carried 
on the functions of government, his Majesty's customs were 
not collected with vigilance and exactness. 

Biggs Timothy Biggs, although a Quaker, was by no means 

submissive to his opponents. Indeed, the Quaker faith in 
its early days did not have the exact cast that it subsequently 
assumed. On reaching London, he sought to persuade the 
Proprietors to put down the Revolution by force. In par- 
ticular he urged that a ten-gun vessel could not be resisted, 
and that sufficient volunteers could be obtained in Virginia 
to rout the rebels. But the Proprietors were not of his mind. 
They did not choose to engage in such a conflict. Indeed, 
at that time it would have been difficult for them to have 
subjugated the people of Albemarle united in determined 
resistance. 

Increase of The colouy had grown. The tithables, being the working 

A emare ji^nds bctwecn sixtccu and sixty years of age, numbered 
fourteen hundred, of whom, however, one-third were women 
and negro and Indian slaves. Although the Proprie,tors had 
bestowed but little attention on Albemarle, but had devoted 
their efforts to promote the growth of their new town on 
the Ashley, the neglected settlement was more populous and 
more prosperous than the southern colony. The planters 

Extent were spread out from the Chowan to Currituck Sound ; and 

besides a superfluity of provisions, of grain and cattle, their 
annual crop of tobacco was 800,000 pounds, which sufficed 
to secure the needed European commodities. And the dis- 
content was general. Perhaps it was heightened because at 
this time, tobacco being very low, Virginia by act of 
Assembly undertook to prevent the Albemarle crop from 
being marketed through her ports, and prohibited any of it 
from being brought into that province. A measure so 
unfriendly was exasperating. Efiforts had been made to 
establish local markets at difterent points on the Albemarle 



in 1O77 



PEACE FOLLOWS STORM 131 

shores, where the tobacco could be taken on board the vessels ^ 

for shipment, and the Proprietors had given directions to 
lay off towns at Roanoke Island and elsewhere, but all such 
endeavors to establish centres of trade had proved futile. 
The tobacco was loaded at the farms of the producers. There 
were no villages in the settlement. The public business was 
transacted at private houses, and while George Durant's 
house was a place of meeting, yet other points were equally 
convenient. There was no locality where an attack by an 
armed force could have availed to sulxlue the inhabitants. 
The prudence of Durant now bore its fruits. The Pro- 
prietors rejected the proposal of the warlike Biggs, and 
listening to the commissioners of the people, took the other 
alternative. They sought to co-operate with the inhabitants ; 
and accepting the assurance of the envoys that they had 
no purpose to antagonize legitimate authority, made efforts 
to establish order and government at Albemarle on a firmer 
footing. 

While remonstrating and threatening that they would 
maintain their government with force, if need be, and would 

... f 1 1 111 Proprietors 

punish to the extent of the law any new outbreak, they acquiesce 
declined to antagonize the revolutionary leaders, and pur- 
sued the wiser and better way of preserving friendly relations 
with their colony. Clarendon was now dead, and his share 
in Carolina had been purchased by Seth Sothel, who at that 
time stood well in the esteem of the other Proprietors. It 
was thought that the presence of a Proprietor would invest 
the administration with greater dignity and tend to allay the 
factional strife and dissensions that had been involved in the 
course of the Revolution. The commissioners representing 
Durant and his associates, perhaps glad to embrace such an 
easy solution of their difficulties, promised on the part of 
the people the utmost submission to Sothel if he should 
come as governor. 

And so it was arranged that he should be the new gov- 
ernor ; and, the more certainly to remove former difficulties, 
the Proprietors had Miller's commission as collector of cus- 



132 HARVEY TO SOTHEL, 1679-89 

]^ toms revoked, and Sothel was appointed to succeed him. 

He early sailed for his new government, but misfortune 

ca'tured bcfell him during the voyage. The Algerines, whose pirati- 
cal crafts were then scouring the seas near the Mediterranean, 
overhauled his vessel and took him prisoner. Efforts were 
at once made to secure his release by ransom, but for a time 
they were in vain. 

John Harvey governor 

'^79 The Proprietors, to establish a temporary government, in 

February, 1679, appointed John Harvey governor until 
Sothel should be released, and obtained for Robert Holden 
the appointment of collector, at the same time appointing 
him a deputy and conferring on him a commission to make 
an extensive exploration of Carolina to the mountains. 
Holden had been a follower of Bacon in the Virginia rebel- 
lion, but was pardoned and was then in England. In June 
he reached Boston, bearing the commissions for Harvey and 
for the other deputies. There he remained ten days exam- 
ining into the methods of the New England traders, and he 
reported that a half dozen traders controlled all the tobacco 
raised at Albemarle, brought it to Boston, whence it was 
shipped as bait and illegally conveyed to Europe, and the 
king's customs were defrauded. A few weeks later he 
arrived at Albemarle, followed fast by Timothy Biggs, who 
resumed his functions as surveyor of the customs. 

Miller flees In August Harvcy was acting as governor, and at a Pala- 
tine's Court held by him, on affidavits covering the charges 
against Miller by Jenkins in 1675, the deposed collector was 
again arrested, but broke jail and made good his escape to 
England. The old deputies had been reappointed, and the 
council and courts were substantially composed of the same 
members as under Miller's administration. Associated with 
the council to form the general court, Crawford, Blount, and 
Varnham were assistants chosen by the Assembly, being the 
same assistants elected before the outbreak in 1676. And 
these were members of the Revolutionary Assembly chosen 



DURANT IN THE ASCENDANT 133 

at Diirant's house when Miller was deposed. Harvey, the ^ 

governor, had not been an active participant on either side ; 
but that he was not unfriendly with the Revolutionists is indi- 
cated by his appointment of George Durant and Alexander 
Lillington as justices for the precinct of Berkeley, with 
authority to hold the precinct court, which, besides a civil, 
had a criminal jurisdiction attached to it. 

George Durant was now the attorney-general, and con- Duram 
tinned to be the most influential person in the colony ; and c!"r"T,\i3 
as the Proprietors had condoned the excesses of the Revo- 
lutionists, he felt his power, and his enemies dreaded it. 
Biggs, as Miller's deputy collector and zealous supporter, 
had been an object of especial malevolence ; and, moreover, 
there was probably some personal ill-will between him and 
Durant, growing out of Catchmaid's taking a patent in 1662 
for Durant's premises ; for although Catchmaid had entered 
into an agreement to convey to Durant, he had never done so, 
but the legal title had under his will vested in the widow, 
and on her marriage to Biggs, although he and Durant had 
come to an accounting, tiie matter was not cloced. 

Biggs was tenacious of his rights, a man of stubborn Biggs 
obstinacy, who realized his own importance as a king's viruinia 
officer, and he was fully satisfied with the honesty of his own 
purposes and of the dishonest purposes of the leaders of 
the Revolution. Smarting under a sense of the injuries and 
wrong he had suffered, for which the Proprietors had pro- 
vided no redress, he declined to be complacent toward the 
new administration. Harvey having shown favor to Durant 
and his coadjutors, whose influence was still dominant in 
Albemarle, Biggs persuaded some of the other deputies to 
join him in withdrawing from the council, sought to inter- 
fere with the orderly collection of the customs by Holden 
and prevailed on a number of his Quaker adherents to leave 
the colony and seek refuge in Virginia. ^, 

In the early days of the Revolution the Quakers had sided Qi'-^^ers 

■^ •' '^ appeal tothe 

with Biggs and James Hill, who were deputies and the most Proprietors 
ronsiderable men of their faith. Being called on to join the protection 



134 HARVEY TO SOTHEL, 1679-89 

'^''2 people in revolt, they had refused. Thereupon they were 

C.R., 1,252 required to surrender their guns; ant! when they held their 
religious meetings it was alleged that they were plotting 
against the revolutionary government. Their numbers had 
increased considerably, not merely by conversion in Albe- 
marle, but probably by accessions from abroad. In 1676 
Edmundson, who had again visited the colony in that year, 
wrote in his journal concerning them : "The people were 
tender and loving; and there was no room for the priests, 
for Friends were finely settled, and I left things well among 
them." When Harvey's administration began, and the gov- 
ernment, instead of being under the influence of Biggs, as 
they had hoped, was seen to be controlled by the popular 
faction, their disappointment was great, and entertaining 
apprehensions for their personal safety, they were led to 
^m^o!?-"^''^'^ abandon their homes. In September, 1679, a number of 
strance, 1679 ^|^gj-,^ joiucd in a rcmoustrance to the Lords Proprietors, 
setting forth their innocence of any turmoil and trouble and 
vindicating themselves from aspersion. They declared that 
"these persons by whom we have suffered are still breathing 
forth their threats against us ; they having received an act of 
grace and indemnity, as they call it. And now that the heads 
of that sedition are elected to sit in Parliament, and some 
of them are of the court, and so consequently to become our 
judges, we shall be the objects for them to execute their 
vengeance upon ;" and they appealed to the Proprietors for 
protection. 

John Jenkins succeeds Harvey as governor 

The Proprietors sought to compose these differences 
among the inhabitants of their province, and while allowing 
to the dominant faction the powers of government, required 
that the minority should be protected from ill-usage. In the 
appointment of Harvey they seem to have chosen wisely, 
and after the first ebullition of dissatisfaction by the adherents 
of Biggs and Miller had subsided the administration seems 
to have been guided into calmer waters ; but Harvev was not 



CULPEPPER TRIED FOR TREASON 135 

destined to see the full fruition of his efforts to adjust differ- ^79 

ences. After a term of six months he died in office, and the 
council elected John Jenkins to be governor in his stead, Harvey dies 
Jenkins being in office in February. But the change in 
administration produced no alteration in policy, and quiet 
continued to prevail while Jenkins was governor. 

Miller having made good his escape, on reaching England Cuipepper 

*= . £> & acquitted 

laid his case before the commissioners of customs, and pro- 
ceedings were had that resulted in the arrest, in February, 
1680, of Culpepper, who at that time was in England, on 
the charge of rebellion and of embezzling the customs. Cul- 
pepper admitted the facts alleged against him, but prayed 
for a pardon; and if not pardoned, he desired to be tried in 
Carolina. His requests were not granted, and he was 
arraigned and was on trial for treason when Shaftesbury 
appeared as a witness and declared that at the time of the 
Revolution there was no legal government in Albemarle ; 
that neither the governor nor the government was legal 
according to the Constitutions of Carolina ; and that taking 
arms against them could not be treason ; and that the Par- 
liament elected by the people was legal, the people having 
a right to choose a Parliament every two years of their own 
luotion and without any writ ; and that the disorder in Albe- 
marle was not treason, but a mere riot. And so on Shaftes- c. R., 1,331 
bury's testimony that Miller had obtained possession of the 
government without legal authority, and that it was not 
rebellion in the people to dispossess him, Culpepper was 
acquitted by the jury. 



1680 



Shaftesbury in exile 

This was about the last appearance of Shaftesbury in con- 
nection with the aft'airs of Carolina. In 1679 he had attained 
the zenith of his great career. His unswerving purpose had 
been to obtain security for Protestantism and constitutional 
liberty, and he became the head of a strong party devoted 
to those objects. In order to check the growth of Catholic 
influences, he had made strenuous endeavors to have the 



136 HARVEY TO SOTHEL, 1679-S9 

1^ queen removed from court, and to have James, Duke of 

York, the king's brother, dismissed from the council and 
exchided from the succession, and the Duke of Alonmouth, 
a Protestant, declared legitimate so that he would succeed 
to the tlirone. In these efforts he failed ; but he succeeded in 
forcing through Parliament the Habeas Corpus Act, which 
required immediate action on the part of any judge to whom 
an application for the writ might be made — since become the 
very palladium of Anglo-Saxon freedom. An election for 
Parliament occurring in 1681, he prepared instructions to be 
handed by the constituencies to their representatives, insist- 
ing on the exclusion of James, the limitation of prerogative, 
and security against popery and arbitrary power; and he 
again appealed to the king to legitimatize Monmouth. But 
the king instead seized him and committed him to the Tower. 
In October he offered to retire to Carolina if released. 
Charles, however, was relentless, and had him indicted for 
high treason; but the grand jury ignored the bill. Charles, 
still bent on his destruction, managed to secure the appoint- 
ment of men of his own selection as sheriffs of London, 
and these picked the jurymen. Shaftesbury at length realized 
that he could not escape the vengeance of his enemies and 
fled in disguise to Holland, where he died in January, 1683. 

Henry Wilkinson governor 
to observe Althougli Albcmarlc was now in repose, the Crown con- 

the laws ., ,.,.,. ., ,,, 

tmued to complam of tne seizure of the customs funds and 
the non-observance of the navigation acts. So the Pro- 
prietors agreed that steps should be taken to ascertain how 
much Miller's estate had been damaged and also promised 
that there should be an efficient government maintained in 
Albemarle ; and particularly that the customs laws should 
not lie evaded. 

In February, 1681, the Proprietors appointed Captain 
Henry Wilkinson, then in London, governor of Albemarle, 
and gave him instructions to choose, \\\W\ the consent of 
the council, four able, judicious men who had not been 



THE PROPRIETORS C0NCILL4TE 137 

concerned in the late disorders, who with him should be ^^ 

a court to try all disputes growing out of these troubles ; 
and he was also directed to ascertain the damages suffered 
by the king's officers ; and in his instructions there was power 
conferred on the council to elect a governor should he die 
in office. Sir William Berkeley having died, the Proprietors 
directed Governor Wilkinson not to admit any deputies for 
that share, they claiming that as Berkeley had not conveyed 
it in his lifetime, it devolved to his associates, and they 
asserted that Sir William had never paid a penny toward 
the settlement of Carolina. Later, however, four of them — doifo^t^he" 
Albemarle, Craven, Carteret, and Colleton — purchased the "" ""^^ 
right of Sir William's widow, then the wife of Colonel 
Philip Ludwell, paying him £300 for it, and had it conveyed 
to Thomas Amy in trust for them. In 1686 it appears that 
Thomas Archdale. a minor son of John Archdale, had the 
title to Lord John Berkeley's share ; Amy to Sir William's, 
and Sothel to Clarendon's ; and Sir Peter Colleton was the 
Palatine. Wilkinson had been selected as governor because 
of his reputation for prudence, which led to a hope that he 
would be able to reconcile conflicting interests in Albemarle.* 
The Proprietors, who were men of affairs, realized that the 'ii^^ 

moderate 

inhabitants of Albemarle had the purpose to manage their poUcyofthe 

' ^ '^ proprietors 

own concerns, and although they recognized the duty of 

protecting their officers and deputies who had striven to 

maintain their authority and to enforce the king's mandates, c- R., i, 
. , 1 . 328, 329 

yet they considered it was best to pursue a conciliatory course 

rather than one of exasperation. Efforts were made to heal 
existing dissensions. An act of oblivion was passed, but 
with a saving clause in regard to the payment of the money 
that ought to have been collected for the king and to make 
satisfaction for the injuries sustained by Miller, whose prop- 
erty had been seized and destroyed ; and the Assembly levied 
a tax to repay the customs money they had seized and used 
to carry on the Revolution. On the governor and council 

*WiIkinson on his appointment was created a cacique. 



138 HARVEY TO SOTHEL, 1679-89 

1683 |_ijg Proprietors urged moderation. "We hope," they said, 

"your own interest, as well as our injunction, will induce you 
to use your utmost endeavors to settle order among your- 
selves, without which you can never expect an increase of 

c. R., 1, 283 ^rade or strength. And these considerations ought so far 
to prevail that we shall not be constrained to use force to 
reduce the seditious to reason, since it is the good of the 
inhabitants we most desire and not the taking away of any 
man's life and estate." 

Sothel arrives 

But little, however, had been done toward redressing the 
injuries of those who suffered in their estates during the 
Revolution when Wilkinson's administration suddenly closed. 
Seth Sothel, after a long detention by the Turks, had been 

c. R., 1, 346 ransomed, and after a sojourn in England, in 1683 he sailed 
for Albemarle and assumed the government. Blank depu- 
tations had been signed to be filled out by him with the 
names of persons unconcerned in former differences ; and 
he was instructed, with the consent of the council, to appoint 
three discreet persons not concerned in the disorders to form 
a court to try all actions growing out of those disturbances. 
But instead, he appointed, according to the complaint of 
Timothy Biggs, the very persons who had injured that 
unpopular official, and Biggs alleged that he could obtain 
no redress. 

Archdaie John Archdak, one of the Proprietors, perhaps in right 

Albemarle of his son, 3. man of education and of fine character, who, 
like Penn and other men of capacity, wealth, and social stand- 
ing, had accepted the faith of George Fox, was then in 
Albemarle, and Sothel was instructed to confer with him 

350,351" about making these appointments. He was also directed to 
establish a county court for Albemarle, and to appoint a 
sheriff who should hold the court as under the Fundamental 
Constitutions, a court of criminal jurisdiction. At that time, 
also, a receiver was appointed to collect the rents for the 
Proprietors, the governor himself having before that been 



NAMES OF PRECINCTS CHANGED 139 

charged with the duty of collecting them. And among other ^ 

changes that occurred about this time, 1684, the names ^^^^^^^ 

of the precincts were changed to Currituck, Pasquotank, sute^^*^' 

Perquimans, and Chowan.* Even at that early date some 

complaint was made against Sothel that he engrossed to 

himself the perquisites of the secretary and other inferior 

officers ; and Colonel Ludwell, who owned a plantation in c. r., i. 

351, 352 

Albemarle, complained that it was withheld from him by 
Sothel on the pretence that it was forfeited. 

In 1686 Sothel was out of Albemarle, and John Archdale a view 
seems to have been conducting the administration. One situation 
of Archdale's letters gives a slight view of the colony at 
that time. "For the present," he writes, "we have not imme- Hawks, 11, 
diate opportunities to send to England, by reason there is no 
settled" trade thither. . . . The country produces plenti- 
fully all things necessary for the life of man. . . . We 
at present have peace with all nations of the Indians." The 
Tuscarora king was very desirous to cut off a nation of 
Indians called the Matchapungoes, which Archdale pre- 
vented, and he hoped that he would have the country at 
peace with all the Indians and with one another ; but the 
people were very fearful of falling into some troubles again 
should he leave them before the return of Sothel, and there- 
fore he was remaining beyond his intention. 

It was about this time also that the Coranines, a bloody 
and barbarous tribe, were cut off by a neighboring nation, 
and that the Pamlico Indians fell victims to some dreadful 
plague, which opened the way for a settlement south of 
Albemarle Sound. 

On the death of Charles II, in i68s, his successor, King The 

' ^' ' o charters 

James, at first made promises of protecting the charters of nireatened 
the colonists, but soon steps were taken to bring them more 
immediately under the control of the Crown. Proceedings 
were begun to annul most of the Proprietary grants. The 
Proprietors of Carolina wisely avoided any controversy, and 

*The precincts bore their old names in 1680. 



140 



HARVEY TO SOTHEL, 1679-89 



16S8 



Sothel 
becomes a 
tyrant 



C. R., I, 3^9 



Durant 
opposes him 



Sothel 

impeached 

and expelled 

1689 

C. R., I, 362 

Liidwell 
governor of 
North 
Carolina, 
1689 



their charter was not disturbed. Sothel seems to have gov- 
erned acceptably to the people, although not observing his 
instructions, until after Archdale left for England. Then 
he entered on a career that has been described as infamous. 
Being a Proprietor, he assumed to be above the law. He 
seized upon the estates of some of the inhabitants without 
any process from the courts, and arbitrarily imprisoned some 
of the people. He used his authority to fill his purse, 
imprisoning men illegally and releasing them on the pay- 
ment of money. 

Thomas Pollock and George Durant became victims. 
Durant was charged with speaking words reflecting on him, 
was seized and thrown into prison, and as the price of his 
release Sothel exacted a bond for the payment of a sum 
of money, which not being paid, he seized on Durant's estate 
without process of law. That was more than Durant would 
stand. The point of endurance was passed. The revolution 
of 1688, by which the people of England had driven King 
James from the throne, doubtless had its influence in deter- 
mining the action in Albemarle. Durant and Pollock 
rose to right their wrongs. They seized the governor and 
confined him in a log prison ten feet square, intending to 
send him to England for trial. But Sothel sought to avoid 
that. He entreated them instead to submit his case to the 
General Assembly. This assented to, an Assembly was con- 
vened in 1689, and he was tried and convicted of many mean 
and despicable crimes, and of oppression, tyranny, extor- 
tion, and taking bribes. The solemn judgment passed on 
him was that he should abjure the country for twelve months 
and his government forever. On receiving information of 
these proceedings, the Proprietors, in December. 1689, sus- 
pended him from the office of governor and appointed 
Colonel Philip Ludwell to succeed him. On leaving Albe- 
marle Sothel went to Charleston and assumed the reins of 
government as a Proprietor, but fell into such courses there 
that he was deposed by the Proprietors and instructed to 
return to London. 



CHAPTER XII 

Administrations of Ludwell, Jarvis, Archdale, Harvey 
AND Walker, 1689- 1704 

Philip Ludwell, governor of North Carolina. — Gibbs's claim. — 
Thomas Jarvis appointed deputy. — Ludwell governor of all Caro- 
lina. — His instructions. — Changes in the system.— Conditions in Al- 
bemarle.— Proprietors prepare rent roll- Ludwell gives effect to the 
Great Deed. — Thomas Harvey deputy-governor. — John Archdale 
governor of Carolina. — The arrival of the Huguenots. — Erection of 
Bath County. — The line between Carolina and Virginia in dispute. — 
Pirates harbor in all the colonies. — Parliament directs that gov- 
ernors should be approved by the king. — Henderson Walker gov- 
ernor. — Changes in Albemarle. 

North Carolina: Ludwell governor 

The inhabitants of Albemarle were now extending- the '^^9 

settlement to the west and south. The limits of the county 
had been defined by the sound and five miles beyond, and 
the time had come for an extension. The two settlements ^- ^^ '' 3S7 
at Charleston='= and at Albemarle were spoken of as South 
Carolina and North Carolina. Albemarle was called North 
Carolina by the Virginia council in 1688, and in commission- 
ing Governor Ludwell, December 5, 1689, the Proprietors c.r., 1,360 
appointed him "governor of that part of the province lying 
north and east of the Cape Fear." No longer was there to Aibemarie 
be a governor of Albemarle ; but the province was divided to Nonh 

Carolina 

mto two governments, the one north and east of the Cape 
Fear and the other south and west of that river. Ludwell 
was the first governor of North Carolina. In his instructions 
he was authorized to appoint a deputy-governor, and he 
appointed Thomas Jarvis, who had been one of the first 
seaters, about 1659, to act as his deputy. 

But the administration was disturbed by the claim of Cap- 
tain John Gibbs, of Currituck, who on Tune 2, 1690, issued claims the 

•> ^ government 

a proclamation declaring Ludwell to be an impostor, and 
*Charlestown on the A.shley was incorporated as Charleston in 1783. 



C. R., I, 361 



C R.,I, 467 

Gibbs 



142 LUDWELL TO WALKER, 16S9-1704 

1^ challenging any one who would maintain Lucl well's title to 

meet him in single combat, and promising to "fight him in 

c. R., I, ,C3 ^j^jg cause as long as my eyelids shall wag." He also with a 
body of armed men invaded Albemarle, and broke up the 
courts and seized two of the magistrates and carried them 
off. His claim to be governor perhaps grew out of an 
election by the council after the removal of Sothel by the 
Assembly, for he invited the new deputies appointed by the 
Proprietors to meet with him along with the other council- 
men chosen by the Assembly. His position was so strong that 
Governor Ludwell, who was in Virginia, represented to Gov- 
ernor Nicholson of that province the desirability of his inter- 
vention, and a month later Nicholson reported to the Crown 
officers at home that he had cjuieted the stirs in Carolina for 
the present, but that the people were mutinous, and how long 
they would remain quiet was uncertain. In the meantime, 
both Ludwell and Gibbs repaired to London to have the 
Proprietors determine their claims, and Gibbs lost his cause. 

Thomas Jarvis deputy governor 

Mss. In the interim, between November, 1690, and Novem- 

office her, 1 69 1, Thomas Jarvis was acting as governor by appoint- 

ment of Ludwell. In November, 1691, Craven, as Palatine, 
c. R., I, appointed Colonel Ludwell governor of all Carolina, with 
373 3 o, 3 I p^^^gj. J.Q j^ppoint a deputy-governor for North Carolina, and 
instructions were sent him not based on the Fundamental 
Constitutions, but "suitable to our charter from the Crown." 
The Fundamental Constitutions were largely abandoned. It 
was contemplated to have but a single parliament for the en- 
tire province, the representatives from Albemarle County 
meeting with those of the southern counties, such being the 
wording of the charter ; but that being impracticable, the 
system of government in Albemarle was not thus altered. 
Changes in Therctofore a governor had been appointed by the Pro- 

the system _ " i i j 

prietors for the northern colony ; now, however, the gov- 
ernor of Carolina was authorized to appoint a deputy-gov- 
ernor for the northern as well as for the southern colony. 



THE TWO CAROLINAS 143 



Another change made under his instructions was that the '^91 

Assembly no longer elected five commoners to sit in the coun- 
cil, but the council was to be composed merely of the gover- 
nor and deputies. The governor and council were to establish 
courts and appoint the judges to hold them, the council itself 
being a court of appeals and of chancery, and also a Pala- 
tine's Court. The former title had been the grand council, 
held by "the governor and lords deputies and the rest of the 
members of the council of state." A new court svstem was New conn 

. ' system 

under these mstructions established, and two of the council 
and some particular assistants were appointed to hold a gen- 
eral court ; while the precinct courts continued to be held by 
the justices and the sheriff of the precincts. Somewhat later 
a change was made in the general court, and justices were 
appointed and commissioned to hold that court, being sworn 
in by the governor. 

In their public instructions the Proprietors preserved the c. r., i, 3S1 
appearance of adhering to the Grand Model, but by private , „ 

^ ' ■/ i- Influence of 

directions they allowed Governor Ludwell to ignore it in ''rf'f-;'"^ 

-' ^ Model m 

manv particulars. In Albemarle the changes introduced in ^°''',i? 

^ _ '^ Carolina 

attempting to conform to it had been neither disagreeable 
to the people nor oppressive in their consequences. While 
in some measure the framework of the administration was 
based on the system, its more peculiar features were entirely 
ignored. It mattered little that the governor and council 
should be called the Palatine's Court ; that the grants should 
be issued in the name of the Palatine and the other Lords 
Proprietors, an innocent innovation that continued until the 
purchase by the Crown in 1729, and generally the people 
of Albemarle were content. In South Carolina the situation 
was different. There the Proprietors had spent a large 
amount of money in fostering the settlement, had, pursuant 
to their chartered powers, created landgraves and caciques, 
and efforts had been made to enforce some of the particular i„fl„ence of 
provisions of the Fundamental Constitutions that were seri- ^uo^^l\^^ 
ously objected to by the inhabitants, whose dissensions and Carolina 
violent proceedings caused the Proprietors more trouble and 



M4 



LU DWELL TO WALKER, 1689- 1704 



1693 



H^irvey, 
deputy- 
governor 



anxiety by far than the alleged turbulence of Albemarle ; 
and to smooth over matters, Ludwell was directed to con- 
sult the wishes of the inhabitants in conducting the govern- 
ment at Charleston. 

Having authority to appoint a deputy for Albemarle, 
Ludwell at first continued Thomas Jarvis, and then ap- 
pointed Thomas Harvey. He was, however, much in Albe- 
marle himself, and while there acted as governor.* 



Little cKish- 
ing witli 
Proprietors 



Character of 
the people 



MSS. 

Records 

Off. 

Sec. State 



Conditions in North Carolina 

With Ludwell's administration a new era began in the 
North Carolina settlement. For more than a dozen years 
it now enjoyed undisturbed repose. Indeed, there had never 
been much clashing between the people and the Proprietors. 
In great measure the inhabitants governed themselves, the 
Proprietors being represented by some of the planters, whose 
interests were identified with those of the colony, while the 
governors were frequently selected from among the people. 
If there were any turbulent spirits, with the exception of 
Captain Gibbs, who asserted a claim to be governor and who 
lived very near the A^irginia line, they manifested turbulence 
only on provocation. If occasionally a governor was 
deposed and imprisoned, it was because of offences and in 
vindication of freedom ; and truly in tracing their story one 
finds remarkable illustrations of the sufficiency of their man- 
hood to solve the problems of government. Even in the most 
trying times government was never dissolved ; and while 
the will of the people was enforced, anarchy did not supplant 

*Dr. Hawks, II, 495, mentions Alexander Lillington as acting 
as governor or president of the council. The author has not found 
that record. Jarvis was governor in November, 1690, and in 
November, 1691. Ludwell was present and acting as governor 
in November. 169.3, and in April. 1694; Thomas Harvey in July, 
1694; Ludwell in August; Harvey in September; John Archdale in 
July. 1695 ; and Thomas Harvey in April, 1696. In 1693 Alexander 
Lillington was "High Sheriff" of Albemarle County, and as such 
Governor Ludwell ordered him in November, 1693, to make proc- 
lamation, that all persons in Albemarle could have their land under 
the Great Deed of i668, which led to Ludwell's removal from ofhce. 




Lea's New Map of Carolina, 1695 



CHARACTER OF THE PEOPLE 145 

law. If in 1677 the Revolutionists ran into excesses and, ^3 

not content with seizing their enemies, destroyed their prop- 
erty, it was in a moment of exasperation. Order was quickly 
restored. Courts were organized and the machinery of gov- 
ernment at once established on a new basis. For the most 
part the inhabitants had no quarrels with the Proprietors ; 
but they did seek in every way to escape from the oppression 
incident to the enforcement of the trade regulations and 
custom laws. 

The collection of the quit rents had from time to time been 
postponed, and the rent charged under the Great Deed was 
not onerous. But now perhaps the Proprietors were more 
intent on reim1)ursing themselves for their outlay, and the 
payment of quit rents became of interest. A rent roll of 
Albemarle prepared apparently about 1694 showed 146 ^^^^^^^ 
planters, some of them with several plantations, the average »' Edenton 
holding being about 275 acres ; altogether, about 40,000 acres 
in farms, and probably a population of 4000. 

Ludwell recognizes Great Deed 

In November, 1603, Li^i^lwell issued a proclamation to the 
effect that under the Great Deed lands in Albemarle were 
to l)e granted at the same rate as in Virginia, subject to 
quit rents of only a farthing an acre ; and he directed Alex- 
ander Lillington, the high sheriff of Albemarle Countv, to 

? r , 1 r Ti • T- 1/ MSB. Off. 

give notice thereof to the people of Perqunnans. hault was sec. state 
found with him for reserving that low rent, and for assent- 
ing to a new form of deed, that was considered to be in 
derogation of the rights of the Proprietors. Pie justified 
his action by declaring that it was in conformity with the 
Great Deed ; but the Proprietors questioned the authenticity 
of that document, no copy of it having been retained in 
England, and they quickly revoked his commission. Still 
Ludwell continued to exercise the functions of governor in 
North Carolina during the years 1693 and 1694; and when 
he was not present Thomas Harvey was the deputy governor. 
To succeed Ludwell as governor of Carolina, Thomas 



146 LUDWELL TO WALKER, 1689-1704 

^ Smith/- a planter in South Carohna, was, in 1693, created a 

landgrave and appointed governor. He seems to have con- 
tinued Harvey in office, for the latter conducted the adminis- 
tration when no governor was present until his death, on 
July 3, 1699. 

But Smith was hardly established in his government 
before he represented to the Proprietors that the dissensions 
in South Carolina were so great that no one could heal them 
except one of the Proprietors ; and in August, 1694, John 
Archdale was prevailed on to come over as governor. 

John Archdale governor 

In the following June Archdale reached Albemarle, where 
a daughter, the wife of Emanuel Lowe, resided. While there 
he exercised the functions of governor. But after a short 
sojourn he passed on to Charleston, leaving Harvey in the 
administration. Because of the concessions made to Albe- 
marle in the Great Deed, Archdale was directed to limit that 

c. R., 1, 391 county strictly to the territory north of the sound and east 
of the Chowan, and a higher rent was to be exacted for 
land beyond those boundaries. 

Already settlements had been made elsewhere, and the 

Huguenots, wcstcm shorcs of the Chowan were well occupied. In 1691 
some of the Huguenots who had originally settled on the 
James River, being attracted by the warmer climate, came 
to Carolina and located on the Pamlico, where they pros- 
pered so satisfactorily that constant accessions were made 
to their numbers. Indeed, population was now extending 
itself rapidly to the southward. 

Ardi'diie"^'' After Archdale became governor, the Pamlico region was 

County called by the council Archdale County in his honor : but at 
a Palatine's Court held on December 9, 1696, he being then in 
North Carolina, and presiding, an order was pas^^od that 
inasmuch as several persons had seated themselves on Pam- 

*It was about this time that a grant of 40,000 acres of land was 
issued to Smith, and located on the Cape Fear River, and perhaps 
it was then in contemplation to make a settlement on that river; but 
if any were made, no evidence of it has been preserved. 



ARCH DALE'S ADMINISTRATION 147 



Bath 
County, 
Lawson's 
map 



lico River, a writ of election was to issue to them as Pamlico ^ 

Precinct, in Bath County, to choose two assemblymen. The 
change of name was made in compliment to John Lord Gran- 
ville, Earl of Bath, a Proprietor, who possessed the share c. r.,i, 47-, 
originally belonging to the Duke of Albemarle, and who on 
the death of Craven, in 1699, became the Palatine. The pre- 
cinct of Pamlico was thus organized in 1696. Later Wick- 
ham Precinct was established on the south of Albemarle 
Sound, and before 1708 a third precinct was established 
south of Pamlico Sound, called Archdale. 

From North Carolina Archdale returned to England, leav- Hawey 

deputy 

ing Harvey his deputy in North Carolina, and appomtmg governor 

Joseph Blake his deputy for South Carolina. Blake was a 

nephew of the great admiral, and had once before been 

deputy-governor at Charleston. His father, being a dissenter 

and fearful of persecution in England, had years before 

removed to South Carolina. A few years earlier the South 

Carolina Assembly had made a strong remonstrance against 

some of the provisions of the Fundamental Constitutions, and c. r., ii, 

in 1691 and 1693 they had been annulled; but in 1698 the 

Proprietors, after consultation with Major Daniel, reformed 

the Constitutions, reducing them to fortv-one articles, elim- TheConsti- 

' e> - tutions 

inating the provisions about leet men and leet courts, and revised 
making other changes, particularly with regard to courts, and 
they sent a copy of the amended Constitutions to Governor 
Blake by Colonel Daniel. 

These Constitutions had been operative in North Carolina 
only in some particulars, and the changes now made in them 
were not of much interest to the inhabitants ; but this 
amended copy seems to have been considered in the colony as 
taking the place of that originally sent over. The admin- ^^•^^- "^' 
istration in North Carolina was, however, in conformity with 
the instructions to the governors rather than in close adher- 
ence to the Fundamental Constitutions ; and the court system 
was modified under Archdale's government, and apparently 
other changes were made about the time this new copy of the 
Constitutions came over. Earlier, the general court had been 



148 LUDIVELL TO WALKER, 1689-1704 



i^ held by the governor and the council, with some assistants. 

Court Now a commission was issued to two of the council, one 

system 

modified Qf whom was to be present at the court, and to some assist- 
ants. The first commission of this sort was to Samuel 
Swann and William Glover, and one of them was to hold 
the court, there being in attendance one or more of the other 

Court judges or justices. The title of chief justice was not specifi- 

m"ss."^^ cally bestowed on either at that time, and its earliest use 

state^*'^" appears to have been in 171 3. 

The line between Carolina and Virginia disputed 

About the year 1680 the uncertain location of the dividing 
line between Albemarle and Virginia began to attract atten- 
tion. Some of the inhabitants of lower Norfolk and Curri- 
tuck had taken out their grants from the Virginia authorities 
and had paid their annual dues to Virginia ; but now Albe- 
marle claimed payment from them, and on their application 

that the line should be established, the Virginia officials 
C.R.,I, 386 ' =' 

pleaded ignorance of the second grant to the Proprietors, 
which extended their territory thirty miles to the northward. 
But proof being furnished, in 1692 the surveyor of \lrginia 
ascertained substantially where the line 36° 30' would run, 
c. R., 1, 542 and as the Old Dominion would lose considerable population 
and property, her authorities stubbornly resisted every 
attempt to have the question settled, and urged that the king 
should buy Albemarle and attach it to ^''irginia, saying that 
£2,000 would be a fair price. 

Pirates infest the coast 

Indeed, there was always some ground for apprehension 
that the grant to the Proprietors would be annulled and their 
province be taken from them. Complaints were made that 
pirates found ready access to Carolina, and that the gover- 
nors for bribes issued illegal commissions to sea rovers ; and 
the evasion of the navigation acts was a continual source of 
trouble. These allegations, however, applied to South Caro- 
lina rather than to Albemarle, while there was yet greater 
cause for scandal at Philadelphia and in all the northern 



PIRATES INFEST THE COAST 149 

governments. Still, there was one particular charge made '^98 

against North Carolina. "Thomas Harvey," said Randolph, ^ ^ ^ 
"put masters to great charges because of their vessels not 541.546 
being registered, though the time limited for registering 
them was not expired." This, however, would seem to indi- 
cate that Harvey was too exacting in demanding a com- 
pliance with the law. Another complaint Randolph makes 
against Albemarle is : "The tobacco made in that province is 
generally carried to Boston or to the islands near to Con- 
necticut colony, where it is carried to Scotland, etc., which 
fraud ought speedily to be prevented." In this it would fg°al',l!,'t^""* 
seem that the Albemarle authorities were entirely within the ^'^emarie 
law, as it was clearly their right to ship their tobacco to 
Boston and Connecticut, and if the traders of those northern 
marts afterward smuggled the tobacco into Scotland, 
Holland, and Ireland against the law, the offence ought not 
to be laid at the doors of North Carolinians. Mr. Randolph 
continues : "During Governor Harvey's government his 
]\Iajesty's ship, the Hady, was driven ashore upon the sands 
between the inlets of Roanoke and Currituck. The inhab- c.r., 1,547 
itants robbed her and got some of her guns ashore and shot 
into her sides and disabled her from getting ofT. The actors 
were tried, and one of the chief was banished. Henderson 
Walker, the present governor, in no sort fit for the office." 
The conclusion does not appear to be well drawn from the 
premise. The affair happened in Harvey's time, and the 
government was active. That the bankers were thrifty is 
undeniable, as the name "Nag's Head"* would indicate. 
Still so notorious were the evasions of the revenue laws in 
all the Proprietary governments that in 1689 it was proposed 
in Parliament to take cognizance of the colonies in America 
and bring them more directly under the control of the king. 

*The name "Nag's Head" is said to have been derived from a 
practice of the bankers fastening a lantern to the head of a horse, 
which as the horse walked at night would have the appearance of 
a light on a ship gentlv moved by the waves, thus alluring vessels 
to The shore. There was also a "Nag's Head" on the southern 
coast of England, so named from the same practice. 



150 LUDJVELL TO WALKER, 1689-1704 

^ For the proper enforcement of the trade regulations it 

was deemed necessary that the governor and other chief 
officers should be appointed with the king's concurrence ; 
but this direction at the time was not observed by the 
Proprietors. At length, in 1697, Parliament enacted that 
not only should the governors of the colony be approved 

c. R., I, S06 Yyy the king, but they should take certain oaths of office 
before qualifying. So when, in March, 1699, Governor 
Harvey appointed Daniel Akehurst and Henderson Walker 
commissioners to arrange with the Virginia authorities for 
establishing the dividing line. Governor Nicholson refused 
to recognize Harvey's authority because he had not taken 
the required oaths of office. 

Henderson Walker governor 

It was during this correspondence that the governor of 
Virginia alleged that runaways escaping from Virginia were 
harbored in North Carolina, which brought out an indignant 
denial by Henderson Walker, who in July succeeded Harvey 
as governor. In his reply Governor Walker said : "I assure 
you that neither our laws nor our practice deserves such an 
imputation of evil neighborhood. Neither are there any 
runaways harbored here that we can discover by diligent 
c. R., 1, 514 inquiry ; nor shall any such thing be suffered so far as it 
is in our power to prevent it." Governor Walker, whose 
skill as a letter writer suffers nothing by comparison with 
that of the governor of Virginia, then recited the laws in 
force in Albemarle, and specified some particular runaways 
who had come into the settlement, but had perished in the 
uninhabited parts of the country ; and he expressed the 
belief that the same fate had befallen others seeking to 
escape into South Carolina. He did not rest easy under this 
suggestion of his Virginia neighbors. 

Changes in Albemarle 

In the course of time Colonel Jenkins, Valentine Byrd, the 
Harveys and many of the old leaders in Albemarle had passed 



i6g9 



SOCIAL LIFE IN THE COLONY 151 



away and other men had risen to prominence. Durant died '700 

in 1 69 1, at the age of sixty-nine, while Sothel, after an 
unsettled life still marked by devious ways, made his exit 
in 1693, leaving a widow in Albemarle. Thomas Jarvis, one 
of the first seaters, and deputy-governor in 1691 and subse- 
quently, passed away in the spring of 1694. Alexander 
Lillington, who had figured largely in the Culpepper Rebel- 
lion, and whose family connection came to be the most 
influential in the settlement, after marrying a third wife 
in 1695, succumbed to disease two 3'ears later, at the age 
of fifty-three. Governor Thomas Harvey soon following him. '^'^ 
But Thomas Relfe, also one of the first seaters, was still 
living, and survived until 1707, being then ninety-three years 
of age. He was one of those who made the first clearings 
before the name Albemarle was ever heard of on the shores 
of the river Carolina. 

Major Sam Swann was now a resident of Perquimans, a 
member of the council, judge of the general court, and col- 
lector of customs, and Colonel Thomas Pollock, Henderson 
Walker, William Glover, and John Porter (speaker of the 
Assembly) were at the close of the century among the most 
influential inhabitants. 

Life in the colony 

A letter written about the close of the century by William s.r.,xxii, 
Gale from Perquimans gives some insight into the affairs in 
Albemarle at that time. Mr. Gale was just setting out on a 
four months' voyage to the Cape Fear, whither he had sent a 
sliallop's load of goods to trade with the Indians. Appar- 
ently he intended to pass up that river and go as far west- 
ward as the mountains to establish an Indian trade there. A 
well-qualified Indian trader, he says, "secures for himself a 
comfortable living in this world." "All sorts of English 
goods are here very valuable, especially nails, carpenter's 
tools, hoes, axes, all sorts of linings, powder and shot, hats, 
stockings, and what else is requisite to make a sortable store." 
The most direct route of communication from England was 



732 



Social life 



152 LU DWELL TO WALKER, 1689- 1704 

^ by London ships bound for York River. Of the Indians he 

said, "they Hve in small towns and bark cabins, palisadoed in 
with two or three rows of stakes. Every town or nation has 
its particular king and different language. They have some 
notion of the flood, but very obscure. They offer the first 
fruits of everything they eat to the devil, by whom they cure 
diseases, and act several strange things, as laying the wind." 
He mentioned some thirteen different tribes, with whom he 
was well acquainted and had very free commerce. "If 
Henry Ramsbottom was here and would work, he might live 
a companion for the best. His trade would bring him in 
£300 per annum. Others might do very well. Our greatest 
grievance is want of books and pleasing conversation. The 
Quakers are here very numerous, but as for Independents, 
Anabaptists, Presbyterians, and other sectaries, they have 
little or no place here. Most who profess themselves doctors 
and attorneys are scandals to their profession. The decay 
of Christian piety is in such large characters that he who runs 
may read. The second of January last it pleased God to 
make me happy in a son, who bears the name of his grand- 
father, but he has still the unhappiness to be unchristened, to 
my great grief, the only minister we have had of the Church 
of England having left us before my son was born, but it 
was no loss to religion, for he was ye monster of ye age." 

The inventories of deceased persons filed in court afford 
some information of the style of life and the value of house- 
Pnces hold goods. Pcwtcr dishes were in common use. A dozen 

pewter plates were valued at about £1. Holland sheets 
at fifty shillings a pair for fine ones, and thirty shillings for 
coarser ones, while Osnaburg sheets were five shillings a 
pair. A feather bed and bolster at £6. Fifteen yards of 
kersey at something less than £2. Plain shoes at three 
shillings per pair. A fowling piece at £1 los. Iron pots 
were valued at four shillings a pound. A hand mill for 
grinding meal was £6 ; a broad axe four shillings and a hand- 
saw two shillings. Sheep were valued at ten shillings ; 
cows at thirty shillings, and shoats at five shillings. Negro 



VALUES IN THE COLONY 153 

men were valued at £35 sterling ; negro women at £30, and ^^ 

children at iio. Mary, an Indian, was thought to be worth 
£20 ; and a white woman servant, probably indentured, at £2 
per year for the time she had to serve. At that time cotton 
appears to have been cultivated. Lawson says : "The women i'='^^*°"' '43 
make a good deal of cloth of their own cotton, wool and 
fla.x : some of them keeping their families, though large, 
very decently apparelled, both with linens and woollens, 
so that they have no occasion to lay their money out for 
clothing." But trading vessels came in often, bringing 
merchandise, which was paid for in produce, rather than 
money. There were hatters, and others skilled in different 
trades in the colony. Tar, pitch, corn, tobacco, etc., had a 
debt-paying value fixed by law. While most of the houses 
were of wood, there were some of brick ; the lime being made 
from o}ster shells. The women, says Lawson, are well 
featured and "have very brisk, charming eyes. They marry 
very young, some at thirteen or fourteen ; and are very fruit- 
ful, most houses being full of little ones. The girls are not 
bred up to the wheel and sewing only, but the dairy and the 
affairs of the house they are very well acquainted withal." 



CHAPTER XIII 

The Exclusion of the Quakers 

Albemarle at the opening of the new century. — Religious affilia- 
tions. — The Quakers. — Nathaniel Johnson governor of Carolina. — 
The Church party in South Carolina.— Major Daniel succeeds Hen- 
derson Walker. — The Quakers excluded from office. — The Constitu- 
tion ignored. — A new church law. — Daniel removed. — Succeeded by 
Cary. — The colony grows. — Virginia disputes the boundary. — John 
Porter's voyage to England. — He obtains redress. — New elements 
in the controversy. — Porter breaks with Glover. — ^Two govern- 
ments contending. — Both call the Assembly. — Glover departs to Vir- 
ginia. — Cary in possession. — The government orderly. . . .' 

Albemarle at the opening of the new century 

1701 In a decade of entire repose, undisturbed by any dis- 

sensions, the administration being by the people and for the 
people, and quiet and orderly government prevailing, the 
settlement had grown in population and in importance. The 
more influential families were attracted to Chowan, while in 
Pasquotank and Perquimans the Quakers had considerably 
increased. Their numbers may have been swollen by some 
few additions from abroad, but Governor Walker in 1703 
attributed their growth entirely to the preachers who yearly 
came to Albemarle to encourage and exhort to Quaker prin- 

^^■j^'' '' ciples. And there were none to dispute with or to oppose 
them, for there were no chitrches in Albemarle and no preach- 
ay 24, 1689 gj.g jj.j England, before the Toleration Act was passed, in 
William and Mary's reign, there was some persecution of 
non-conformists and dissenters, to whom the freedom of 
conscience guaranteed by the charter and laws was an in- 
ducement to remove to Carolina, but they located near 
Charleston. There was no great influx of population to 
Albemarle from beyond the seas. Accessions had come from 
Virginia and the neighboring colonies ; and even if they 



RELIGIOUS CONDITIONS 155 

were originally adherents of the Church of England, in the 1!^ 

absence of religious ministrations their affiliations became 
weakened ; and, indeed, those born in Albemarle, who had 
never attended any religious services, could have had but 
slight attachment to any church. There were no missionary 
societies then in the world, and other than the travelling 
Quaker preachers, there were no missionaries. But about 
the close of the century the Bishop of London, to whose 
jurisdiction the colonies had been assigned, sent Dr. Bray 
to Maryland to settle some differences, and he becoming 
interested in the religious condition of the colonists, estab- 
lished the Society for the Propagation of the Gospel in For- 
eign Parts, and sought to have ministers sent to America. 
By correspondence he inspired zeal among some of the 
churchmen in Albemarle, which doubtless was heightened by 
the general religious revival incident to the Pope's having 
proclaimed the year 1700 as a year of jubilee. 

In that vear the first minister of the Church of England r-^,'J:"' 
was sent to Albemarle, Mr. Daniel Brett, who on his arrival 
conducted himself satisfactorily, but soon began such a course 
as brought trouble and grief to the churchmen and strength- 
ened the antagonism of those opposed to that communion. 
With the opening of the new century Governor Walker and 
other churchmen, in order to procure some religious services 
in the colony, made strenuous efforts to elect an Assembly 
that would establish parishes and provide for the erection of 
church buildings and the maintenance of ministers. And 
the Assembly of 1701 passed such an act. By it vestrymen 
were appointed in every precinct, who were, besides other 
duties, to erect church buildings and collect the assessments 
for church purposes. In Chowan, where the adherents of 
the Church of England predominated, the vestry met that 
fall and made provision for a "reader" and for erecting a 
chapel, which was completed the next year. Later other 
chapels were erected. 

In April, 1703, Mr. Blair was ordained to go to Albemarle, ^^■< i' 
and the next January reached the settlement. By that time 



156 THE EXCLUSION OE THE QUAKERS 

'7°i a "reader" had been established in three of the precincts ; 

but there were a great many children to be baptized, "whose 
parents would not condescend to have them baptized with 

Blair, 1704 godfathers and godmothers." Besides the Quakers, Mr. Blair 

found many who would be Quakers, but were deterred by 

the moral life the Quakers enjoined ; others were in faith 

like Presbyterians, and had preachers who baptized among 

them, without, however, having any manner of orders ; and 

lastly the Church of England people, who were the fewest 

c. R^,i, jj^ number. The four old precincts were divided by rivers 
600, 003 t^ -^ 

along whose banks for a distance of some twenty miles lay 
the plantations ; and between Pamlico and Albemarle there 
were fifty miles of desert without any inhabitants. The 
Indians were numerous, and on visiting their towns he found 
many who could speak English and seemed to be fond of 
their white neighbors. Mr. Blair would have remained in 
the settlement, but no adequate provision being made for 
his maintenance, he soon returned to England, suffering the 
mishap of being taken prisoner by the French on his way. 

c. R., I, A few years later Mr. Gordon gave a more extended 

account of the inhabitants. Chowan, as it was the largest 

Gordon,i7o8 of the old prccincts, was the thinnest peopled. It contained 
no Quakers or other dissenters ; but the people were very 
ignorant, there being few who could read and write. 

The Quakers 

The Quakers in Perquimans were numerous, extremely 
ignorant, proud and ambitious, and consequently ungovern- 
able. Many persons had accepted that faith, being willing 
to embrace any religion rather than have none at all. Pas- 
quotank also was largely peopled by Quakers. The roads, 
bad enough everywhere, were worst there, but it was closer 
seated than the other precincts and relatively more populous. 
In their way of living, the people of Pasquotank had much 
the advantage of the other inhabitants, being more industri- 
ous, careful, and cleanly; but above all, says Mr. Gordon, 
"I was surprised to see with what order, decency, and seri- 



RELIGIOUS CONDITIONS 157 

ousness they performed the puljlic worship, considering how "'"s 

ignorant the people are in the other parishes." One of the 
distinctive principles of the Quaker faith was that preaching 
should be but the outpouring of the spirit ; that one should 
preach only as the spirit moves him ; and on principle they 
vv^ere opposed to a paid ministry, and also to paying tithes 
to support ministers. The Quakers in Albemarle were there- 
fore violently opposed to the new church law, that imposed '^°' 
on them the duty of contributing to the support of paid 
pastors, and as the next election for assemblymen after the 
adoption of that law drew nigh, they made the repeal of that Mrl^Biil/^' 
act an issue. But about that time the act was returned by 
the Lords Proprietors, annulled and disapproved by them, 
because the provision made for the maintenance of the 
ministers was inadequate ; and so it ceased to have effect ^' ^^' ^' ^°' 
without the necessity of repeal by the Assembly. 

Nathaniel Johnson governor of Carolina 

In South Carolina Governor Moore had led an expedition 
against Florida, but on his return a faction arose violently 
opposed to his administration, so in June, 1702, Lord Gran- 
ville, the Palatine, appointed Sir Nathaniel Johnson, who 
was then residing in South Carolina, to be governor. 

Under a recent act of Parliament, because of the trade '^'^ 
regulations, a bond was required of the new governor, and 
he offered as his bondsman Thomas Cary, a merchant of 
that province, who later was to figure largely in North Caro- 
lina affairs. 

In their instructions to Governor Johnson the Proprietors 
required him to observe the Fundamental Constitutions as 
modified in 1698. There was, however, no change made in 
administrative methods in Albermarle. 

But while the direction to enforce the Constitutions brought ,' '"f,,*^!;"'''^^ 
no trouble in Albemarle, a period of great unrest and dis- ^^1%^^ 
order now began, based on religious opinions. The same 
differences among Churchmen that marked that period in 
England had found their way to the forests of Carolina. 



\ 



158 



THE EXCLUSION OF THE QUAKERS 



1704 



Church 

uniformity 
ill South 
Carolina 



There were those who cried out for conformity, while others 
advocated toleration. Johnson's appointment was the signal 
for a great show of zeal by the High Church party in South 
Carolina, whose leaders were closely associated with IMoore 
and sustained his administration while the opposing faction 
demanded a rigorous examination into the matters con- 
nected with the Florida expedition. By great activity, 
Moore's friends secured a majority in. the Assembly, and by 
one vote carried through a bill rigidly excluding all dis- 
senters from the Assembly ; and when this act came before 
the Proprietors for ratification, although violently opposed 
by some, it was approved by Colleton and by Granville, 
whose intolerance and arbitrary spirit were in full sympathy 
with its provisions, and notwithstanding Archdale strenu- 
ously objected, Granville also signed for Carteret and 
Craven, and it went into operation. 



Robert 
Daniel 
deputy - 
governor 



The 

Quakers 
excluded 
from office 



C. R.,I. 

709 



Major Daniel succeeds Walker 

In April, 1704, Governor Walker died, and Governor 
Johnson sent I\Iajor Daniel, who was a landgrave, from 
South Carolina to be deputy-governor. Major Daniel had 
established for himself an enviable reputation for bravery 
and experience in business. He had won laurels during the 
war with the Indians and Spaniards at the south, and was 
highly esteemed. Some of the neighboring tribes now giv- 
ing trouble, he called a council of their chiefs and agreed 
with them for a firm peace, one of the articles being that 
the English were not to furnish rum to the Indians. 

Up to that time the Quakers had not been required to take 
oaths in Carolina, being excused by the original concessions 
and by the Fundamental Constitutions ; but soon after 
Daniel's arrival in the colony the act of Parliament imposing 
the oaths of allegiance to Queen Anne, who had just come 
to the throne, was transmitted to him, and he tendered them 
to the members of the council and other officers of the 
government. They were such oaths as most dissenters could 
take; but the Quakers would take no oath whatsoever, and 



QUAKERS REFUSE THE OATHS 159 

insisted on their constitutional right to sign a declaration ^ 

of like tenor in a book. This privilege was now denied them, 
and they were excluded from their places under government. 
And when the Assembly met the same proceedings were had, 
and the house was thus purged of Quakers. A large part 
of the population was denied the right to hold office. It was 
in efifect a revolution, changing without legal sanction the 
constitution of Albemarle. 

It was inconsistent with the Grand Model, subversive of 
the fundamental constitution of the colony and utterly repug- 
nant to those practices and customs which had their origin 
in the earliest lodgment in the wilderness and had grown 
with the growth of the settlements as the woof and warp of 
the rights of the people. The whole foundation on which c^^don's 
the political structure of the colony rested was wiped away c.^'r!?!,"*' 
by this requirement of an oath of office to be taken after ^°^"'^^ 
the prevailing English fashion ; for it is to be observed that 
it was not until the eighth year of George I, twenty years 
later, that the affirmation of Quakers was received in Eng- 
land in lieu of the customary oath. But on this new require- 
ment Governor Daniel insisted, and, carrying his design into 
execution, he drove the Quakers from the house and thus 
secured a pliant majority, who followed his leadership. 

A new law for establishing the Church was enacted, and, a new 

Crunch I2W 

to secure it against the possibility of repeal, he determined 1704 
to exclude Quakers from future assemblies, and to this end 
he caused an act to be passed .prescribing an oath of office 
to be taken by way of qualification for membership. And 
so the church act was passed beyond the power of repeal. 

But the violence of this course resulted in commotion, c. r., i, 709 
The Quakers were not disposed to be deprived by this 
parliamentary proceeding of the political rights they had 
hitherto enjoyed in the colony. They were numerous in Ql^^kers 
Pasquotank and Perquimans, and by uniting with the Pres- 
byterians and other dissenters in Bath, they were superior 
in power to the Church party, who were in the majority only 
in Chowan and Currituck. Such an alliance seems to have 



resist 



i6o THE EXCLUSION OF THE QUAKERS 



!!^ been formed, and an effort was made to secure the removal 

of Governor Daniel, and they soon had the satisfaction of 
obtaining an order for his suspension. 

Thomas Gary governor 

Again was Governor Johnson called on to appoint a dep- 
suc7eeds uty-govcmor, and this time he selected Thomas Gary, a 
,705'^ ' merchant doing business in South Garolina, who came to his 
new charge in 1705. 

When the legislature assembled to meet Gary, the law 
passed the year before requiring an oath of office to be taken 
by the members was still on the statute-book, but it seems 
to have been expected that Gary would either ignore that law 
altogether, or, not enforcing it strictly so far as the Quakers 
were concerned, would admit them to seats on their making 
affirmation after the custom of that sect. Gary, however, 
followed the same course that had led to Daniel's downfall. 

He disappointed all the favorable expectations that had 
been raised by the change of governors, and augmented the 
inquietude of the colony by proceeding still further in the 
line of the new departure. 

C R I 

709 ' ' The Assembly met him in November, but the members 

refusing to take the oaths, he dissolved it and called a new 
election. When the new Assembly met, applying the law 
which required an oath of office with rigorous exactness, he 
excluded the Quaker members and obtained a majority that 
would sustain his measures. He then caused an act to be 
passed imposing a fine on any person who should enter into 
an office before taking an oath of qualification and another 
declaring void the election of any person who should promote 
his own candidacy. 

With these provisions in force, not onlv were the Quakers 
debarred from entering into an office, but the election of 
any Presbyterian or other dissenter who was objectionable 
might be declared void on the slight pretext that he had 
promoted his own election. 

Step after step had been successfully taken to bind the 



DISSENTERS RESIST GARY i6i 

Assembly hand and foot. Inflamed by Gary's proceedings, '706 

the opponents of these measures hastened to send John Porter 
to England to seek a redress of grievances. 

The colony grows 

In the meantime the growth of the colony, especially to 
the southward, had continued. The town of Bath was laid 
ofif in 1704. The precinct of Pamlico, established ten years c. r., i, 
earlier, was in 1705 limited from Moline's Creek five miles 
west of the mouth of Pungo to the westward up the Pam- 
lico ; and from Moline's Creek north and east was Wickham 
Precinct; while all south of Pamlico River, including the ' ''"''*" 
settlers on the Neuse, was Archdale Precinct. It was in 
Archdale Precinct on the Trent that the Huguenots had 
located. Lawson says : "Most of the French who lived at Larson's 

•^ li 1st. or 

that town on James River (Mannakin Town) are removed n. c, 141 
to Trent River, where the rest were daily expected, in 
August, 1708." There they made very good linen cloth and 
thread and raised considerable quantities of hemp and flax, 
being well established. They were accompanied by their 
pastor, Richebourg. 

These precincts were each allowed two representatives in 
the Assembly. The influx of population was chiefly from 
Virginia, and so great was the movement that the com- 
missioners of trade and plantations at London directed an 
inquiry into its causes and how it might be prevented. 
Among the new accessions was John Lawson, an English- J°''" 

'-' ^ ' !? Lawson 

man, who landed at Charleston in 1700 and journeyed 
through the interior near the sites of Salisbury and Hills- ^- ^■' ^' 7°3 
boro, then eastward to Pamlico, and he remained in the 
colony studying its natural history. He returned to England 
in 1707 and published "A New Voyage to Carolina" in 1709 
(later reprinted as the "History of North Carolina"), with a 
map of the province at that time. He returned to Albermarle 
as surveyor-general in 171 1. 

Another important accession was Edward Moseley, Gent., ^j^*^^*^ 
probably an Englishman, perhaps from the Barbadoes, who 



i62 THE EXCLUSION OF THE OUAKERS 



1706 



came into the province about 1704 and soon began to play a 
prominent part in public affairs, being surveyor-general, and 
in 1705 a member of the council* 

Haw s, II, Governor Daniel, who was a landgrave, located near Bath 
Town, a region which was now attracting many of the new 
settlers ; but others pushed up the Chowan, where they came 
in contact with the Meherrin Indians, who were forcibly 
dispossessed of their lands and moved farther to the north- 
ward, a proceeding which again involved a dispute with 
Virginia about the dividing line. 

The Chowan Indians had formerly, by grant from the 
Yeopims, occupied the land on the south of Meherrin River, 
and after the Indian war of 1675, in which they were sub- 

658 " ' dued, they were required to locate farther eastward. The 
Meherrin Indians settled on the north side of that river 
and then roamed on the south side, where they eventually 
had plantations. In 1706 they were ordered to abandon 

reduMcf'^"^ these plantations and move to the north side. Not obey- 
ing these directions. Colonel Pollock, who had possessions 
on the west side of the Chowan, with a force of forty-six men 
seized many of them and brought them to terms. The 
government of Virginia complained of this proceeding, de- 
claring that the land along the Meherrin was in its terri- 
tory, and that the Carolinians had no right to locate the 
Indians upon it ; but being doubtful of its claim, the Vir- 
ginia surveyor was directed to secretly run a line 36° 30' 
to see where it really was. He probably discovered enough 
to remain quiet, for when the dividing line was established 
later the Virginia claim was shown to be erroneous. 



fe' 



John Porter's voyage to England 

The prime objects Porter had in view appear to have been 

the restoration of the rights of the Quakers to hold office, 

Oct., 1706 ^|-,g setting aside of the laws requiring the assemblymen to 

*0n May 7, 1703, the treasurer of South Carolina paid Edward 
Moseley £5 JSS. for transcribing the catalogue of the library books 
at Charlestown. On August 4, 1705, Edward Moseley married the 
widow of Governor Walker. 



PORTER'S MISSION TO ENGLAND 163 

take an oath of ofifiice, and the restoration of the privilege of ^ 

the colony to choose its own governor from among the 
council. He had hardly reached England before Cary left Re^oVds 
Albemarle and returned to South Carolina, where he re- state^*^*^' 
mained for more than a year, not coming back to his govern- 
ment until after Porter himself had returned, and during his ^^ ^■'^' ^^^ 
absence William Glover, a member of the council, admin- 
istered the affairs of the colony. 

Porter's visit to England was well timed. He found pub- 
lic attention largely addressed to Carolina affairs. The leue^""'^ 
"Representation of the case of the Dissenters in South Caro- ^os'^lj' 
lina," made by John Ashe, had been supplemented by 
DeFoe's "Party Tyranny in Carolina," and public inter- 
est had been awakened in the grievances of the distant col- c. r„ii,89i 
onists. Boone, from South Carolina, had secured the 
co-operation of merchants dealing with the province, and 
their petition to the House of Lords had led that body to ^- ^•' ^' ^3* 
address the queen, setting forth the illegality of the pro- 
ceedings at Charleston, and the queen in council had there- 
upon declared the church legislation of Governor Johnson 
null and void, and had directed steps to be taken to declare c.r., 1,643 
the charter forfeited ; and besides, the church dignitaries had 
expressed their strong disapproval of the measures by which 
the Church party in South Carolina had sought to carry out 
their political purposes. 

Under these circumstances John Porter's mission could 
hardly fail of success. He obtained substantial redress, and 
after lingering a year in England, returned, in October, 1707, 
bearing an instrument of writing, or commission, for the 
settling of the government, by which the laws imposing oaths 
were suspended; and he also brought an order suspending Q^f •; ^^' ^°9 
Colonel Cary as governor, and vesting the powers of that 
officer in the president of the council, to be chosen by that 
body, according to the custom before Daniel's time. 

He also obtained new deputations from the Lords Pro- 
prietors appointing other deputies, a majority of whom it 



i64 THE EXCLUSION OF THE QUAKERS 

11^ is stated were Quakers. Thus equipped, his aim seemed 

accompHshed ; but difficulties, however, apparently arose in 
the performance of his programme, 
dement O^i his rctum, in the fall of 1707, Porter found Governor 

conuoversy Cary Still abscut and William Glover conducting the admin- 
Mss istration as president of the council. This arrangement he 

Records '■ '-' 

State^^*^' ^'^^^ "°^ disturb. Indeed, it appears that Glover was then 
c. R., 1, 710 chosen president of the council, and for some time remained 
May. 1708 2Lt the head of the government with the sanction of all parties. 
But later Glover refused to admit the Quaker deputies unless 
they would take the oaths. Discontent at once was mani- 
fested by many of the people, and it became so prevalent 
Hawks, II, ^^^^^ o" ■'^^^y ^3' 1708, Gary, who had then returned, Porter, 
3^' Foster, and Pollock, representing the various factions, united 

C.R., 1,727 '" ^ proclamation commanding the people's obedience to the 
existing government. 

But hardly had this proclamation been issued before a 
new element entered to breed further disturbance. 
cs^j^l' Mr. Adams and Mr. Gordon, two ministers sent out by 

Hawks, II, ^YiQ Society for the Propagation of the Gospel in Foreign 
Parts, arrived in the colony about that time, and their com- 
ing set the Quakers and Presbyterians and all opposed to 
the church law in violent commotion. Glover writes to the 
c. R., 1, 689 Bishop of London, September 25, 1708, that ''time had 
slipped away while I was engaged in the unhappy troubles 
which the enemy, alarmed at the coming over of these worthy 
gentlemen, has raised against me." 

Mr. Adams wrote in October, 1709, that when Gordon and 
himself came over (April, 1708) "we found the government 
c. R., 1, 720 jj^ |.}^g hands of such persons as were promoted for God's 
service and good order and from whom we met with all 
reasonable encouragement. But now the case is sadly altered, 
for the Quakers, alarmed at our arrival," etc. And Glover 
himself two years later wrote to the Society : "Although the 
c.R. ,1,732 |-i-Q^|i-,]g gj^fj confusion this unhappy country has labored 

under ever since the arrival of your Lordship's missionaries 
has compelled me to retire from all public employment," etc. 



GORDON AND ADAMS ARRIVE 165 

It was evidently the arrival of the two ministers that 1!^ 

changed the aspect of affairs. 

Porter breaks with Glover 

While these commotions were aj^itating the colony, some j„iy24, ,708 
time between May 13th and July 24th, it would seem that ' ' '"^ 
Porter found it expedient to break with Glover, and confess- 
ing the disappointment he had experienced at his hands, 
to establish the authority of the new council without waiting 
for the Assemblv. To this end the new council was called £,„^-'' 

688, 710 

together, and on July 24th it chose as president Colonel Cary, 
who doubtless agreed to conform his actions to the expressed 
will of the Lords Proprietors and to carry out the letter and 
spirit of the commission for settling the colony, which he 
perhaps found less hesitation in doing now that Granville 
was dead and the motive for siding with the Church party 
was no longer so apparent. 

What took place during that long, hot summer is not Disturb- 

_ ^ ^' ances, 1708 

recorded, save only in a general way that the colony was 
the scene of great disturbances and that the Church party 
lost ground and fell into a pitiable minority. 

On September 18, 1708, Mr. Adams, who remained in the 
colony after his coadjutor, Mr. Gordon, had withdrawn from 
the commotion, writes concerning the troubles: "Besides, 
we shall be engaged in perpetual broils as we now are at 
present, for our old worthy patriots who have for many 
years borne rule in the government with great applause c.r., 1,687 
cannot without concern and indignation think of their being 
turned out of the council and places of trust for no other 
reason but because they are members of the Church of 
England, and that shoemakers and other mechanics should 
be appointed in their room merely because they are Quaker 
preachers," etc. 

Two governments contending 

But Glover was not content to be displaced in that manner, 
and still claimed the power and authority of the gov- 



1 66 THE EXCLUSION OF THE QUAKERS 

]]^ crnor's office. And so there were two governments, each 

claiming to be regular and lawful, each with its adherents, 
who loudly proclaimed their opponents to be rebels and 
traitors. 
Assemb?'^^ Tlic wholc colotty bccamc involved, and both sides being 
f os"''^'^' determined, the drift was to open rupture. Colonel Jennings, 
of Virginia, wrote to the Lords Proprietors on Septem- 
ber 20th that the Quakers had the cunning to set all the 
Leu^'^Buok country in a flame and all but themselves in arms against 
one another, and there had already been one man killed in 
Hawks, II, jijg fray. There was no hope of peace save by submitting 
the matter to the legislature. Under these circumstances 
6^96^8^' Colonel Pollock, on behalf of Glover, made an agreement 
with Cary to submit the claims of the two rival presidents 
to an assembly to be elected, and so Cary and Glover each 
issued separate writs for an election of an assembly to be 
held on October 3, 1708. 

This election was quietly held in six precincts, but the 
result in Chowan was contested. The assembly consisted 
of twenty-six members, five from each of the four precincts 
of Albemarle and two from each of the three precincts in 
Bath County. 

The Cary party carried Bath County and Perquimans and 
Pasquotank. In Chowan there was a contested election. 
Currituck alone stood faithful to the losing cause of Presi- 

Oct. XI, ,708 ^^^^ (^j^^g^ 

Eight days later the Assembly met. The outlook was 
gloomy indeed for Glover. Moseley and the other Cary 
contestants from Chowan were seated without delav, and 
Moseley himself was elected speaker of the Assembly, 

Glover departs to Virginia 

c. R., I 698 ^^^^ commission to settle the government brought over by 
Porter was read and the Assembly determined that by that 
instrument the Lords Proprietors had suspended the laws 
made both in Governor Daniel's time and in Governor Gary's 



GARY'S ASSEMBLY 167 

time relative to qualifying by taking baths of office. Colonel ^^ 

Pollock insisted, however, that the former law was not so [,eu°er''Book 
much as mentioned in the writing — but such was the decision 
of the Assembly. Glover protested that he would not be 
bound by the action of the body, although elected under his 
own writ, along with the writ of Gary. He insisted that 
they should be sworn — or, in other words, purged of the 
Quaker members — before he would abide by his agreement. 
His protest was treated with scant courtesy. He had 
appealed to the people. He had agreed to abide by the 
popular verdict ; and now that the people had spoken, now 
that a large majority of the legislature was against him, he 
sought to reverse that judgment, and to that end invoked the 
same method of suppression that had been lately practised — 
at variance with the fundamental constitution of the colony 
as well as repugnant to the particular commission of the 
Lords Proprietors. But his efforts were without avail. 
Withdrawing from his agreement to submit his claims to the 
decision of the Assembly, he left the colony and took refuge 
in Virginia. In this voluntary exile Golonel Pollock accom- 
panied him. and Gale, the presiding judge of the general 
court, went to England, and it was not until two years after- 
ward, when Hyde entered upon the administration as presi- 
dent of the council, that they returned. 

The Gary government was thus left in undisturbed pos- xheCary 
session. The council consisted of Gary, the president ; 
Foster, Porter and the Quakers. One of the first measures 
of the new administration was to declare void all acts done 
by the Glover government during the preceding nine months, 
thus stigmatizing the retention of power by the old council 
through the exclusion of the new deputies as in the nature 
of rebellion. 

But although all the machinery of government was in 
Gary's hands, there remained a large faction disappointed, 
sullen and antagonistic — and it was this faction that con- 
tained the men who had been trained in the management 
of public concerns. Ghanges were made in the local officers. 



government 



C. R,, I, 684 



168 THE EXCLUSION OE THE QUAKERS 

^ The old set gave place to the adherents of the new adminis- 

tration. 

Emanuel Lowe, Archdale's Quaker son-in-law, was ap- 
pointed to the land office, and other Quakers, Presbyterians 
and Independents were given public employment. The 
courts were open; suits were begvm and prosecuted to judg- 
ment and execution ; wills probated and administration 
granted. The public lands were opened to entry and 
patents granted, and all the branches of government appear 
to have been administered in due form ; and particularly 
is it noteworthy that the vestry act was maintained in opera- 

c. R., 1, 690 tion ; and further that the Virginia government complained 
of the large emigration of Virginians into North Carolina. 

In December, 1708, the Proprietors appointed Edward 
Tynte governor of Carolina, and expected him to appoint 
Edward Hyde deputy-governor of North Carolina ; but until 
Hyde should arrive Cary was left unmolested in the admin- 
istration of afifairs. In March, 1709, the Proprietors ap- 
pointed Lawson and Moseley, the speaker of Cary's house, 
to settle the disputed line between Virginia and North Caro- 
lina ; and in September, 1709, they appointed Christopher 
Gale receiver-general in the colony and Lawson surveyor- 
general, both of these being then in London. The Propri- 
etors signified no particular displeasure at the situation of 
affairs in North Carolina, but in after years the period of 
Cary's administration was known as "Cary's usurpation." 




Lawson s Map of North Carolina, 1709 



CHAPTER XIV 
The Gary Rebellion 

The Palatines.— Their sufferings at sea.— They march through 
the forest.— De Graffenried's Swiss.— New Bern founded.— 
Hyde arrives in Virginia.— Invited to Carolina.— Glover's influence.— 
The Quakers excluded.— His authority denied.— The new Assembly. 
—Hyde succeeds.— The Gary administration declared a usurpation." 
—Partisan legislation.— Hyde embodies men.— Gary prepared — 
Roach aids Gary.— The people divide.— Governor Spotswood seeks 
to niediate— His agent Ihreatens Gary.— Gary prepares to engage, 
but fails.— Hyde's moderation.— Gary and Porter sent to England. 

The Palatines 

It was dtiring the time while Lawson was in England '710 

and was preparing his History for publication that arrange- "^ 

ments were made for the settlement of a considerable num- 
ber of colonists on the Trent, in Archdale Precinct, near 
where the French had settled and where Lawson had a 
large tract of land. Great numbers of Protestants had been 
expelled from the Palatinate, a fertile and populous country 
on the Rhine, now embraced in Baden and Bavaria, and 
many thousands, utterly impoverished and destitute, sought 
refuge in England. Their support had become a heavy tax 
on the public, the English people being at that time them- 
selves in great distress, and efforts were made to disperse 
them throughout the kingdom and the American colonies. 
Baron De Graffenried, a Swiss nobleman, being in negotia- 
tion with the Lords Proprietors for land in Carolina %r a 
Swiss colony, was induced to take charge of a number of 
these poor Palatines. The queen assumed the expense of 
their transportation and made a donation of £4,000 for their 
benefit, while a committee of lords supervised the agreement 
with the Proprietors and inspected the vessels before the 
final embarkation. Six hundred and fifty of the most robust 
of the Palatines were selected by De Graffenried, who placed 
them under the direction of Christopher Gale. John Lawson 
and a third associate ; and ample provision being made for 



German 
Protestants 



170 THE GARY REBELLION 

1^ their sustenance, at leng-th, in January, 1710, after religious 

services by their pastor and other demonstrations of inter- 

The est, the two transports sailed from Gravesend, accompanied 

sail for protection by a squadron of naval vessels commanded 

by an admiral. 

Hardly had the voyage begun, however, before storms 
arose and impeded the progress of the vessels, and the 
voyage w-as protracted to more than three months. Un- 
happy, indeed, was the fate of these poor exiles driven from 
their prosperous homes by cruel religious persecution. Dur- 
ing their long voyage more than one-half succumbed to 
disease on shipboard, while the sufferings of the others 
impaired their strength and vitality. Finally, in April, they 
reached the Chesapeake, but as they were entering that 
friendly harbor a French vessel captured one of the trans- 
ports and plundered it of everything valuable, depriving 
the miserable immigrants of even their clothing. 

April, 1710 After landing, their numbers were still further diminished 
by fever and disease before they were able to set out 

c.R. ,1,718 tiii-Qugii ^he forests for their march to the Chowan. Even- 
tually the remnant reached the plantation of Colonel Pollock, 
who provided for their necessities and transported them in 
boats to the Trent, wdiere they finally arrived in horrible 
plight, finding no preparations made to receive them, 
although Lawson was engaged until August in locating 
them. Gale, the receiver-general, had been a member of 
the general court in North Carolina from 1703 until the 
overthrow of Glover's administration, when he went to 

Lawson England. He now returned with Lawson, and was, as chief 

locates the . ^ . , ' . . 

Palatines justice, dcstiucd to play an important part m the affairs of 
the colony. He had brought instructions from the Pro- 
prietors to use such of the public revenues as could be 
spared for the support of the Palatines ; but Gary having 
received the public funds, withheld them from Gale, and 
inadequate provision was made for the colonists, who found 
themselves driven to the necessity of selling even their 
clothes to the neighboring settlers for meat and bread. 
The Swiss Six mouths after the departure of the Palatines, De Graf- 

june, 1710 f ej-,i-je(|^ -yyj-iQ ]-,g(^ |3een created a landgrave by the Lords Pro- 
prietors, followed with his colony of Swiss. Their voyage 



founded 
1710 



THE PALATINES AND SWISS 171 

was more fortunate, and after a few weeks they landed ^ 

in excellent spirits on the banks of the James and likewise 
came by land to Colonel Pollock's, reaching the Trent in 
September, where they found the unhappy Palatines in 
miserable plight. 

Being a landgrave, De Graffenried had official prominence New Bern 
in the province, and he used every effort to ameliorate the 
condition of his colonists, and addressed himself to the 
work of building a town, which he named New Bern. Many 
planters now occupied the lands on the Pamlico ; the French 
colony had been increased by accessions from Virginia ; 
lands along the shore, even between North River and Core 
River (near the present town of Beaufort), were taken up 
in 1709, and the settlements were extending southward 
along the coast. So it happened that the period of Carv's The Cary 

... •. Ill -111 • " 1 administra- 

admmistration was marked by a considerable expansion and don 
development of the province, but yet the administration was 
not efficient. The new men appointed to office were not carte^t\ 
trained in official duties, grave complaints were rife, and bounty 
the government lost some of the prestige it had acquired on 
the withdrawal of Glover and his adherents to Virginia. 

Hyde arrives in Virginia 

Such was the condition when Colonel Edward Hyde, who 
had been selected by the Proprietors as deputy-governor of 
North Carolina, reached Virginia, in August, 1710, where, 
however, he failed to receive his commission as he had Angust.iyio 
expected, for Edward Tynte, the governor of Carolina, 
who was to have sent it to him from Charleston, died with- 
out doing so. Hyde's coming had been anxiously expected 
by the Glover faction, who hastened to make their court to 
him ; but being without a commission, he prudently remained 
in Virginia and awaited developments. Being the first 
cousin of the queen, the "awful respect" due to his family 
drew public sentiment toward him ; and there being no ques- 
tion that the Proprietors had designated him for appoint- 
ment as deputy-governor, Cary was persuaded to join in an 
invitation that Hyde should come to Carolina and enter upon 
the administration as president of the council. 

In January, 171 1, this invitation was accepted, and Hyde 



c. R., I, 

73^ 733 



Jan., 171 1 



«. 



172 



THE GARY REBELLION 



1711 



Hyde's 
administra- 
tion 



C. R., I, 

768, 781, 784 



Glover's 
influence 



Opposition 
arises 



coming to Carolina, settled himself in Chowan, near Colonel 
Pollock's, who. as well as Glover, had returned about that 
time to his Carolina home. But although the new presi- 
dent came in by common consent, he was met at the outset 
with the same practical question that had so largely entered 
into the politics of the colony during the preceding decade. 
Should Quakers be admitted to office? Should they be 
allowed to enter into office without qualifying themselves 
by taking an oath? This question could not be avoided. It 
met the new administration face to face and demanded an 
unequivocal answer. 

Hyde might perhaps have determined the matter in ac- 
cordance with the practice of the preceding administration 
and agreeably to the fundamental constitution of the colony 
had it not been for the influence exerted by the adherents 
of Glover, who had suffered no little because of their fidelity 
to the cause they represented. They prided themselves that 
it was the cause of the legitimate, lawful and regular gov- 
ernment no less than the cause of the Church and of true 
religion, and they sought, not without avail, to impress the 
new governor with the correctness of their views, and doubt- 
less he espoused them the more readily since they were in 
conformity with the prevailing notions in England in regard 
to the Quakers. 

Urmstone, who had succeeded Mr. Adams as the solitary 
clergyman in the colony, wrote that "after long debates 
Hyde persists in Air. Glover's opinion of not suffering 
the Quakers, who had deputations, either forged or granted 
by those who were not Proprietors, to be of the council, or 
have anything to do in the administration," which meant that 
the Quakers were excluded from the council, as in Glover's 
time. And again Pollock wrote to the Lords Proprietors, in 
September, 1712, that "the Quakers are not permitted to sit 
in the Assembly." 

This decision on the part of Hyde opened afresh all the 
old sores, and threw into the opposition a strong party, who, 
having lately enjoyed the powers of government, were easily 
led to make another stand for the principles they had so 
ardently maintained. The leaders of that party coming to 
understand that Hyde's administration would be in the 



THE CHURCH PARTY TRIUMPHS 



173 



nature of a return of the Glover faction, whose temper was 
very bitter and hostile, sought to weaken it by withdrawing 
their adherence and declaring that Hyde, having no com- 
mission, was not a legal governor. 



1711 



C. R.. I, 768 



The new Assembly 

The Gary officers, it is said, falling in with these sug- 
gestions, retained their records, seals and other muniments 
of office and would not surrender them to Hyde's appointees. 
Such was the situation when, in March, 171 1, the Assembly, March, 1711 
called by Hyde, met at Golonel Pollock's residence in 
Ghowan. Of that Assembly Urmstone writes : '"With much 
difficulty we had the majority. . . . The Assembly was made 
up of a strange mixture of men of various opinions and 
inclinations : a few Ghurchmen, many Presbyterians, Inde- 
pendents, but most anythingarians — some out of principle, 
others out of hopes of power and authority in the govern- 
ment to the end that they might lord it over their neighbors, 
all conspired to act answerably to the desire of the president 
and council." The Quakers being excluded, the Assembly 
was sufficiently manageable. 

The rising sun was too strong for those who were deemed Hyde 

1 1 TT 1 • 1 1 • - succeeds 

to be on the wane. Hyde trunnphed over the opposition. 
The "awful respect" of his great name w^as heavy weight 
in his favor, and "the Presbyterians, Independents and any- 
thingarians" of the Assembly were drawn to his side in hopes 
of favors to come, and also because three months before he 
had been brought in as governor by common consent ; while 
Gary's administration had fallen into disrepute because of 
inefficiency, and he himself had either squandered or had 
not collected the quit rents due the Lords Proprietors. 
Whatever were the influences working the change, the 
Assembly was quite as severe against the Gary party as the 
former Assembly had, in October, 1708, been against its 
Glover opponents. It declared that Gary and Porter had 
failed to attend with Hyde as members of his council, that 
they had been guilty of sedition and had sought to overturn 
Hyde's government, and they impeached them for high 
crimes and misdemeanors and committed them to the cus- 
tody of the provost marshal. 



Partisan 

leiiislatioM 



Gary and 

Porter 

impeached 



1/4 



THE GARY REBELLION 



1711 

C. R.,I, 785 
Proceedings 
in tliecourls 
annulled 



C. R., I, 

785, 786 



C. R.,I, 780 



Gary's 
usurpation 



C. R.,I, 791 



Hyde 

embodies 

men 



May, 1711 



It petitioned the Lords Proprietors to remove Cary, 
Porter and Moseley from any share in the government ; and 
as Gary's government had declared void all proceedings had 
nine months before it came in, so this Assembly declared 
void all proceeding, save certain exceptions, that had been 
in Gary's courts, land offices, etc., during the space of two 
entire years. 

It further re-enacted the former law in regard to the 
qualification of all officers by oaths according to the strict- 
ness of the English laws, and enacted that all laws made 
for the establishment of the Ghurch in England should be 
in force in the colony. 

And various sundry other enactments were made in the 
first flush of victory by those who had been under the ban 
for three years, of such a character as to draw even from 
Spotswood, "that they added some other clauses perhaps too 
severe to be justified, wherein it must be confessed they 
showed more their resentment of their ill-usage during Mr. 
Gary's usurpation (as they call it) than their prudence to 
reconcile the distractions of the country." 

Particularly was an act passed directing Gary to account 
with Hyde for all funds that he had collected for the Lords 
Proprietors, and upon his failing to do so within two months, 
Hyde was authorized to issue execution against his prop- 
erty. Truly, Gary had fallen from his high estate, and the 
Glover party, animated by a fierce resentment of their in- 
juries, were pursuing him with a strong hand. Having 
disrobed him of power, they sought to press him to the 
wall. But as Spotswood wrote, their measures were beyond 
their power to enforce them. By their want of moderation 
they threw the whole opposition into violent antagonism. 

Both Gary and Porter escaped from the custody of the 
provost marshal and regained their liberty, and two months 
having elapsed without the former having accounted for 
the money of the Lords Proprietors, Hyde embodied a force 
to go and take him. On Sunday, May 26th, Hyde, with 
some secrecy, collected about eighty men at his own house 
in Ghowan, and on Monday crossed the sound and went 
twelve miles up the river, where his force was increased to 
one hundred and fifty men. Hastening through the wilder- 



GARY TAKES UP ARMS ■ 175 

ness, on the 28th they reached Gary's house at PamHco, but l^l 

he having received notice of their approach, made his escape Narrative 
to Governor Daniel's house, a few miles farther down the ^- ^■' ^' ^"^3 
river. 

The next day Hyde pursued, but found that his delay 
had been disastrous. Gary had called around him some 
forty followers and had so fortified himself that it was 
hazardous to attack him. 

On June ist the forces of the disappointed governor with- 
drew, having only their trouble for their pains, and having 
by an accident lost one of their own men, a kinsman of the 
governor, who unfortunately was killed during the expedi- 
tion. So ended Hyde's fiasco, and well indeed had it ter- 
minated there! Whatever else may have been the disposi- 
tion of Gary, he was not a man to shun danger, no matter 
in what form it came. He was as resolute as he was violent, 
and as audacious as implacable. 

He at once infused into the people of Pamlico that the As- 
sembly was not called by proper authority, that it was not 
duly elected, that Hyde was not governor, having no com- 
mission sent him, and therefore that he could not comply 
with this demand to account with Hyde for money belonging 
to the Lords Proprietors. Nor did his efforts end in words. 
He erected his standard and gathered his forces. 

And just then Gaptain Roach, an agent of Dawson, one of Ro.idiaids 
the Lords Proprietors, brought his vessel into Pamlico, there cI'r., 1,804 
being among his cargo several cannon and a quantity of 
small arms and ammunition. Roach vigorously espoused 
the side of Gary, and strengthened his cause as well by de- 
claring that the Proprietors did not intend that Hyde should 
be governor, as by furnishing the munitions and sinews of 
war. A brigantine belonging to Emanuel Lowe was armed 
with cannon and a barco-longo was also equipped for active 
service. 

All was activity among the Presbyterians and Indepen- 
dents of Bath. And so with Hyde and his supporters in 
Ghowan. 

Pasquotank and Perquimans and Gurrituck seem not to 
have been involved, the Quakers remaining quiet and the 



1/6 . THE GARY REBELLION 

^'J other citizens of those counties responding but slowly to the 

call of the governor for active support. Indeed so slowly 
did they respond that Hyde early realized the superior 
strength of his adversary, and at once applied for aid to the 
governor of Virginia. 
Spntswood On June 13th Spotswood, in response to the demand, de- 
mediate termined to send a mediator to seek a suspension of military 
operations until the differences of the contestants could be 
laid before the Lords Proprietors. To that end, on June 
20th he wrote letters to each, Hyde and Cary, which he sent 
by Mr. Clayton, saying to Cary that he had ever advised 
Hyde to moderation and to endeavor to reconcile and unite 
both parties, and that it was on this basis that he now pro- 
posed mediation, 
c. R.,i, 760 On June 25th Clayton reached Pollock's residence, which 
was situated somewhat west of the site of Edenton, and on 
the next day delivered the letter to Cary, whose well-manned 
brigantine and barco-longo were then sailing ofif some 
twelve miles from Pollock's in the sound, 
c. R., 1, 795 Cary agreed to the proposition to meet Hyde the next day 
at an appointed place, and that in the meantime the forces 
should remain where they were. But Hyde, upon considera- 
tion, found the appointed place too inconvenient, and sug- 
gested two other points for a conference to be held on the 
28th. But this proposition, says Hyde himself, did not 
reach Cary in time, because of bad weather, and negotia- 
tions thereupon were broken ofif. 

Clayton again visited Cary and delivered a second letter 
from Spotswood, withheld at first, threatening Cary with 
his own armed interference if he should not come to terms. 
Gary Cary now declared he would make no terms, but that he 

Hyde'tvTth would scizc Hydc and his council, and that Hyde might ex- 
pect the same fate that Colonel Parke had at Antigua. 

This threat produced a great commotion among the 
friends of Governor Hyde, for two years before Colonel 
Parke, the governor of the island of Antigua, one of the 
British Isles in the Caribbean Sea, had after three years of 
tyranny and despotic oppression been seized by the outraged 
people, and had been torn limb from limb ; a tragic fate, well 
known in Virginia, where one of Governor Parke's daugh- 



Parke's fate 



HYDE IS VICTORIOUS 177 

ters had married Colonel Custis, and was thus allied to some ]]^ 

of the first people in that colony. 

But Gary's threats were impotent. His men were not c. r , i, 
equal to the occasion. On the morning of June 30th, he de- 
termined to make the attempt to seize Hyde, and approach- jimeao 
ing Pollock's house that lay near the water, he fired two can- 
non from his brig and, throwing a force into two boats, 
made a dash for the land. 

But Hyde was prepared, and returning shot for shot, 
struck the mast of the brig, and deployed his men along the 
shore ready for the assault. Such an unexpected show of De r.rafien- 

, .11 1-/^' 1-11 iied\N;ura- 

force struck terror mto the hearts of Lary s men, who quickly tive, c. i<., 
returned to their vessel and sought to draw off.* Hyde in ' "=" 
turn manned some boats and gave pursuit. And now Gary's 
force thought only of escape. The brig was hastily run 
ashore, and the men fled into the w'oods. When Hyde's 
boats approached, the brig, armed with six cannon, fell into 
their hands, along with her owner, Emanuel Lowe, and three 
sailors, who composed her crew. 

Being favored bv this good fortune, Hyde issued a procla- Hyde's 

1 • ' 11 1 1 1 1 11- r • 1 moderation 

mation pardonmg all who had been led mto acts 01 violence, 
except the chief movers, which, together with the loss of 
prestige incident to the miscarriage of the attempt to seize 
Hyde, tended to draw the peoj^le away from Gary, whose 
forces rapidly dispersed. Roach, however, fortified himself 
at Pamlico, and it was said that John Porter went among the 
Indians and endeavored to persuade them to fall upon the 
people on the western shores of Ghowan, the inhabitants 
there having espoused the cause of Hyde. The Indians, how- 
ever, declined the invitation, if any were indeed made to them. 
In the meantime, Hyde, flushed with his success in capturing 
the armed brigantine, hastily threw on board of the vessel 
a force of his own and sailed ofl"" to Pamlico to make an end c. r., i, 795 
of the matter by capturing Gary at Roach's house, the place 
where he had fortified ; but again did the governor find dis- 
cretion the better part of valor. Gary was too strongly en- 

"•''■Tliis sudden flight was probably due to the appearance among 
Hyde's followers of Baron De Graffenried's servant, in his yellow 
coat, which led to the impression that some of the queen's troops 
were present, it being treason to make war on them. 



178 



THE GARY REBELLION 



1711 



Gary and 

Porter sent 
to England 
July 31 



Porter's will 
Off. Sec. 
State 



C. R., I, 750 



Final 
separation 
of North 
and South 
Carolina 



trenched ; no attack was made, and the expedition returned 
without result. But Spotswood having on the appHcation 
of Hyde sent some marines to his assistance, the appearance 
of these on Pamlico, about July loth, being troops of the 
queen, accomplished the final dispersion of the Gary 
forces. 

Colonel Gary and several of his most active supporters 
hastily proceeded to Virginia to take shipping for England, 
but were there seized by Spotswood, and, on July 31st, were 
sent to England on board a man-of-war under charges of 
rebellion and sedition. They arrived in London on Septem- 
ber 25th, but there being no evidence produced against them, 
they were discharged. 

On November 20th, within a month after his arrival, we 
find Gary before the Lords Proprietors obtaining copies of 
the charges made against him by Hyde. A year later he had 
returned to Carolina, Hyde having been instructed by the 
Lords Proprietors not to proceed to the punishment of any 
of the parties engaged against him. John Porter remained 
in England and died at Bridge water during the spring or 
summer of 171 3. 

On the death of Governor Tynte, the Lords Proprietors 
appointed Hyde governor of North Carolina in his own 
right, and a recent act of Parliament requiring the approval 
of the Crown, the royal assent was given, and on May 9, 
1712, he received his appointment, bearing date Jan- 
uary 24th. Taking the oaths, he became Governor of North 
Carolina, being the first appointed by the Lords Proprietors 
since Ludwell's time, and this appointment was the begin- 
ning of the entire separation of the government of North 
Carolina from that of the southern colony. 



CHAPTER XV 

The Tuscarora War 

The Indians disquieted. — Lawson's activities.— Lawson executed. — 
The cause of the Indian war. — The massacre. — Preparations for 
defence. — Active war. — Gale's mission successful. — Barnwell acts 
vigorously. — War measures. — Barnwell makes a truce. — Barnwell's 
Indians return to South Carolina. — Hostilities renewed. — The death 
of Hyde. — Pollock's truce with King Blount. — James Moore arrives. 
— He takes Fort Nohoroco. — Many Tuscaroras depart for New York. 
—Major Maurice Moore arrives. — Effects on the settlers. — Harmony 
in the colony. — Governor Eden. — South Carolina imperilled. — Aid 
sent. — The Cores renew hostilities. 

The Indians disquieted 

In the dissensions of the colony, the Pamlico section ad- 
hered to Cary, and the Indians of that region were led by the 
execrations of the neighboring whites to regard tlie new gov- 
ernor as a person to be detested by them, while the rapid 
extension of the settlements to the southward and along the 
waters of the Pamlico and Nense raised apprehensions lest 
they should be forced back and utterly expelled from their 
old hunting grounds. At this time the tribes at the north Sept., 1711 
had dwindled into insignificance; they were the Meherrins, 
the Nottoways, and the Chowans on Bennett's Creek and 
the Pasquotank, some of whom had already fnllen into the 
habits of the whites, wore clothes and had cattle, making 
butter for sale. On the western frontier, beginning in Vir- 
ginia and extending nearly to the Neuse, were the Tusca- 
roras, a warlike tribe of northern origin. They occupied 
fifteen towns and numbered altogether 1200 figliting men. 
Adjoining them were the Woccoons, about one-tenth their 
number; and a few miles distant were the Pamlicos, once an 
important tribe, who had. however, been swe|)t away by a 
fearful epidemic some fifteen years before, and now could 
boast only fifty braves. The Neuse and the Chautauquas, 
who occupied the region allotted to De Grafifenried's colony, 



1711 



i8o THE TUSCARORA WAR 

U^ were likewise weak ; but the tribes farther to the eastward, 

on Bear River and Core Sound, were more populous. Near 
Bath was a small tribe of Pungos, and on the sounds to the 
south were found the Coranines ; while at Hatteras lived 
the remnant of a tribe now reduced to sixteen braves, who 
claimed that some of their ancestors were white, and valued 
themselves extremely on their kinship to the English, and 
were very friendly. In confirmation of this claim, in efifect 
that they were descended from Raleigh's Lost Colony, Law- 
son declares that some of them had grey eyes, a circum- 
stance not observed among any other Indians. 

In the distant interior, on the Eno, had been the Oc- 
coneechees, and nearby the Schoccories and the Keiauwees, 
and farther south the Saponas and the Toteros ; but these a 
few years earlier had consolidated and had removed from 
Carolina into \"irginia, settling at Christianna, ten miles 

Byrd's Div. north of the Roanoke. After remaining there some twentv- 



Line 



t5 



five years, how^ever, they returned to Carolina and dwelt with 
the Catawbas. In all, there were some 1500 braves bor- 
dering on the south and west of the settlements ; but the 
Indians to the northward, nearer the Virginia line, did not 
sympathize in the apprehensions felt by the lower towns 
concerning the encroachments made on the Pamlico and 
Neuse and were not inclined to be inimical to the whites. 
Lawson's Lawsou had projected an interior road from the southern 

work - . . . 

settlement to Yirgmia, and with a view to locating it he had 
made a progress through the region inhabited by the 
Indians ; he had also as surveyor been conspicuous in estab- 
lishing the Palatines and the Swiss, and in laying off planta- 
tions, and indeed himself had a large grant located on the 
Neuse; and thus he became an object of particular resent- 
ment among the discontented Indians. 
Sept. 8,1711 Such was the feeling early in September, some two 
months after the dispersion of Cary's forces and the flight of 
his principal adherents from the colony, when Lawson and 
Christopher Gale and Baron De Grafifenried arranged for an 
expedition up the Neuse and to make a progress through the 
Indian towns with a view of locating the proposed road. 
Gale was fortunately detained, but the baron and Lawson, 
accompanied by two negroes, on September 8th, set out from 



i 



LAIVSON'S FATAL EXPEDITION i8i 

New Bern by boat on the exploration, taking fifteen days' ^ 

provision with them. On the evening of the second day, Hawks, ii, 
the Inchans, discovering them, became alarmed, and mistak- De'oraffen- 
ing the baron for Governor Hyde, seized them and hurried tive,c.R.,i, 
them in great haste to their king's town, on Cotechney, where slpt., 17H 
a council of Indian chiefs was speedily assembled, by whom 
both the baron and Lawson were condemned to instant 
death. 

De Graffenried, however, with great address, saved him- Lawson 

executeu 

self by asserting that he was not an Englishman, but a king 
and a friend of the queen of England, who would certainly 
punish them for any violence done to him. Reprieving 
him, on Lawson they reaped their vengeance by a sum- 
mary execution ; an unhappy fate, in strange contrast with 
the humane and friendly sentiments he had expressed in 
his History in regard to the proper treatment and the wel- 
fare and happiness of these original inhabitants of the Caro- 
lina territory. The day following the trial and execution of 
Lawson, the Indian chieftains informed De Graffenried that 
they had determined to make war on the English, and that 
the particular objects of their enmity were the people on the 
Neuse, Pamlico and Trent rivers and on Core Sound, for set- 
tlers had established themselves even in that locality. 

Governor Pollock, writing to Governor Spotswood some The cause 
nine months after the outbreak, gives this account of the indbnwar 
origin of the war: "Our own divisions, chiefly occasioned by 
the Quakers and some few other evil-disposed persons, hath 
been the cause of all our trouble. For the Indians being 
informed by some of the traders that the people that lived 
here were only a few vagabond persons that had run away 
out of other governments and had settled here of their own 
head, without any authority, so if they were cut off there 
would be none to help them ; this, with the seeing our own H.nvks, 11, 
differences rise to such a height that we, consisting of only ■*^'* 
two counties, were in arms against each other, encouraged 
them to fall on the county of Bath, not expecting that they 
would have any assistance from this county or any other 
English plantation. This is the chief cause that moved the 
Indians to rise against us so far as I can understand." 

This internecine strife and bitterness doubtless led the 



1 82 



THE TUSCARORA WAR 



1711 



Gary's 

adlierents 

the 

sufferers 



The 
inabsacre 



Sept. 22,1711 



De Graffen- 
ried's Narra- 
tive, C.R., I, 
933 



Indians to consider that a favorable time and opportunity; 
but the cause, the reason of their enmity, was quite another 
thing. If some of Hyde's adherents are to be beheved, they 
had during the Gary troubles dechned to attack the whites, 
although invited to do so ; and it was only after quiet had 
been restored and Gary and Porter had been absent two 
months that hostilities began. In July some of Hyde's ad- 
herents alleged that at the time of the dispersal of Gary's 
forces, John Porter had gone among the Tuscaroras and 
sought to incite them to cut off the inhabitants on the 
Ghowan who were adherents of Hyde, but they had refused 
to be drawn into such an enterprise. In the massacre now 
resolved on, the upper towns of the Tuscaroras again de- 
clined to participate ; but the Gotechneys, the Woccoons, the 
Pamhcos, the Gores and the Neuse Indians were the chief 
promoters of the murderous work, and the victims were the 
settlers who had located on the frontier and who had been 
Gary's supporters. The outbreak was evidently an effort of 
the southern tribes to preserve their hunting grounds, which 
the settlers were now fast occupying. 

Five hundred warriors, consisting of Indians from every 
tribe on the southern frontier, having congregated at Han- 
cock's town on the Gotechney, formed into small bands and 
dispersed themselves as if in a friendly way throughout the 
new settlements. On the morning of September 22d, about 
sunrise, they fell upon the unsuspecting planters in their 
isolated homes and began a fearful massacre. In two hours 
one hundred and thirty persons fell beneath their bloody 
blows. On some plantations all, men, women and children 
alike, were ruthlessly and barbarously murdered ; at others, 
the men only were slain, and the women and children were 
spared to be held, however, as slaves. In savage wrath, they 
slew and burned and pillaged, and the entire region south of 
the Albemarle was a horrid scene of brutal murder and deso- 
lation. The French settlers on the Pamlico suffered heav- 
ily, eighty of De Graffenried's colonists fell victims, and the 
outlying districts were depopulated. 

In those hours of fearful calamity, those who fortunately 
escaped the first fury of the savages fled in dismay to con- 
venient points of refuge. They collected at Bath and at ten 



THE MASSACRE 183 



other places, where they hurriedly fortified themselves '^^j 

against attack. 

Many incidents of the butchery were heart-rending, and 
some of the escapes heroic. At the house of John Porter, 
Jr., his wife, Sarah Lillington, seeing an Indian in the act of 
dashing her infant's brains out against a tree, rushed upon 
him and rescued her child from his clutches. Captain Maule 
being present, he and Colonel Porter seized their guns and 
covering the flight of the females, successfully beat off the 
savages until they had reached the landing, where taking a 
boat they pushed out into the broad river and escaped, be- 
holding in the distance their home enveloped in flames. 

For two days the murderous bands glutted themselves c.r., 1,826 
with blood and revelled in spoil, but on the third day, the 
plantations being deserted, laden with booty and carrying 
eighty women and children preserved as captives, they re- 
turned to their fort on the Cotechney. The dead lay un- 
buried in that hot September sun, food for the vultures, 
the dogs and wolves. Many bodies were shockingly muti- 
lated, and others fancifully arranged by the savages in their 
wild and merry glee. Mr. Nevill, an old gentleman, was laid 
on his floor with a clean pillow beneath his head, which was 
ornamented with his wife's head-dress, and his body de- 
cently covered with new linen ; while Mrs. Nevill was set 
upon her knees in the chimney corner, her hands lifted up as 
if in prayer ; and a son was laid out in the yard with a pillow 
under his head and a bunch of rosemary at his nose. 

Fugitives from their homes, with their butchered friends 
unburied, the air polluted from their decomposing remains, 
the survivors of Bath County kept watch and ward at the 
asylums they had gained, in momentary dread of the reap- 
pearance of the foe, while the other settlements were paral- 
yzed with fear lest the whole colony should be destroyed. 

Although a blow so sudden and unexpected, so terrible Effects 
and shocking, at first staggered even the most resolute, Gov- massacre 
ernor Hyde and the leaders in Albemarle speedily took such 
measures of safety as were open to them. Since the Quakers 
would not bear arms, but little aid could be expected from 
them, while the inhabitants west of the Chowan being them- 
selves apprehensive of attack, assembled in strongholds for 



1^4 THE rUSCARORA WAR 

U^ their own protection. But factions were hushed and former 

opponents vied with each other in patriotic efforts for the 
common weal. Information was hurriedly despatched to 
Governor Spotswood, who caused some of the Virginia 
militia to collect near the Tuscarora towns bordering on the 
Virginia line, and sought to enlist the upper Tuscaroras in 

C.R., 1, 815 |.|^g suppression of the hostile Indians. As an inducement 
to engage their assistance, he offered six blankets for the 
head of every enemy they would bring him and "the usual 
price for the women and children as slaves." These towns, 

Oct. 15, 1711 however, asked for a month to consider the proposal, and 
then determined to remain neutral ; but fearful of their defec- 
tion, the hostile tribes sent their women and children toward 
the Cape Fear, leaving only the warriors in their own terri- 
tory ; and then they again began to roam throughout the 
Pamlico region, and collisions between their bands and the 
inhabitants were of frequent occurrence. 

c.'^RriTsas Indeed, with the opening of October, companies having 
been organized and equipped, active warfare was inaugu- 
rated ; and scouting parties sent out from the forts were am- 
bushed and often sustained heavy losses. A company of fifty 

c. R., 1, 826 men approached one of the Indian strongholds and was re- 
pulsed by three hundred braves. Early in that month Cap- 
tain Brice, who commanded at Bath, sent off some fifty men 
for special service, and the Indians fell upon them in the 
woods, and for three days a desultory battle was maintained, 
the whites eventually being driven in with considerable loss. 
Taking advantage of the absence of this detachment, the 
garrison then being reduced to only a hundred men, another 
force of Indians attacked it, while a number of Indian 
prisoners within the fort rose and took the whites in the 
rear. The males of the latter, however, were quickly de- 
spatched and the women and children secured, and then the 
assault was successfully repulsed. Of the captives within 
the fort, thirty-nine women and children were then sent 
abroad and sold as slaves. 

Gale's Christopher Gale, the receiver-general, having been sent 

successful to Charleston by sea to solicit aid, the South Carolina 

■' ' Assembly promptly responded with assistance. Colonel 

Hugh Grange, with others, was elected to secure the neces- 



SOUTH CAROLINA SENDS AID 185 



1711 



sary supplies, and Colonel John Barnwell was appointed to 
the command. Gale hastened back on his return voyage 
from Charleston, bringing a considerable supply of ammu- 
nition, but he was taken prisoner by the French and was 
detained for several months. In the interval during his 
absence, the North Carolina government receiving no infor- 
mation from him relative to the result of his mission, again 
sent a despatch boat to Charleston asking aid, and Barn- 
well's force, largely drawn from friendly Indians, was hur- 
ried forward. 

North Carolina was the dividing ground between the 
northern and southern Indians, and there was no affinity 
between the Indians of South Carolina, who had originally 
come from beyond the Mississippi River, and those of east- 
ern North Carolina, who had at some previous time migrated 
from the northward ; and the southern Indians were not 
averse to availing themselves of this opportunity of attack- 
ing the Tuscaroras and the neighboring tribes, expecting 
to make profit from the sale of their prisoners as slaves. 

Barnwell, his troops consisting of fifty whites and some 
Cherokees and Creeks, passed along the Santee to the Con- 
garees, then up the Wateree River to the vicinity of the 
Catawbas. near where Charlotte is. embodying detachments 
of all these tribes in his force. He then came east to the McCrady's 
Yadkin and crossed the Cape Fear below the junction of Carolina, i, 
the Haw and Deep and then pursued a northeast course, 
striking the Cotechney at an Indian town called Torhunte, 
eventually arriving on the lower Neuse on January 28th.* 
He seemed to have followed a trading path used by the 
Indians and traders leading from Torhunte to the Catawbas, 
a shorter course than that generally taken by the Virginia 
traders, who, crossing the Roanoke higher up, came by a 
route near Oxford and Hillsboro to the trading ford near 
Salisbury and then down to the Catawbas. But his progress 
through the wilderness was difficult and attended with much 
delay and suffering for the want of provisions. 



*He had 218 Cherokees under Captains Harford and Turstons, 
79 Creeks under Captain Hastings, 41 Catawbas under Cautey, and 
28 Yamassees under Captain Pierce. 



4q9 
1712 



1 86 



THE TUSCARORA WAR 



1712 



C. R., I, 839 



Hawks, II, 
537 



Fort 
Cotechney 



War 

measures 



C. R., I, 

837-839 



April, 1712 



Assembly 

dissolved, 
May 10, 1712 



Barnwell acts vigorously 

On reaching New Bern, Barnwell acted with great vigor, 
and immediately fell upon the hostiles some twenty miles 
above New Bern, killing three hundred and taking more 
than a hundred prisoners. But as soon as this victory was 
won, half of his force, satisfied with their booty, deserted 
him and returned to South Carolina, carrying their prison- 
ers, who were shipped to the West Indies to be sold into 
slavery. Notwithstanding his force was now much reduced, 
Barnwell pursued the enemy until they retired into a 
stronghold which they had fortified on a high and inacces- 
sible bluff overlooking the river, which could not be attacked 
with advantage. Withdrawing from that section, he led 
his Indians some thirty miles to the east of New Bern, where 
he encountered the Cores and drove them from their towns, 
and pursued them with such fury that a great manv were 
slain. On his return he was reinforced by two hundred 
and fifty whites, under Captains Brice, Boyd, and Mit- 
chell, and together they assaulted Fort Cotechney, or Han- 
cock's Fort, near the site of Snow Hill, but were driven 
off. Nevertheless, the people felt so relieved by his pres- 
ence, and were so elated from their former despondency by 
the result of his movements, that when the Assembly met it 
adopted an address to the Lords Proprietors in high praise 
of him. 

To carry on the war heavy duties had been laid on both 
exportations and importations, and now the legislature 
authorized the issue of £4,000 of paper currency, the first 
of such currency issued by the colony ; and urgent applica- 
tion was made to Virginia for two hundred white soldiers 
from that province. Governor Spotswood undertook to 
raise such a force, but ascertaining that the North Carolina 
authorities had made no provision either for their pay or 
their maintenance, and meeting with obstacles because of 
opposition in the Virginia Assembly, he found it imprac- 
ticable to proceed. Under the circumstances, as the expendi- 
ture would be for the Lords Proprietors, he suggested that 
the territory north of the Albemarle should be mortgaged 
to secure the repayment of the money that would have to 
be advanced for the purpose, but since the Assembly had no 



A CESSATION OF HOSTILITIES 187 



authority to enter into such an a.2:reement, those terms could '712 

not be accepted by it, and the desired assistance was not fur- 
nished by Virginia. 

In April, Barnwell proposed to make another attack on Bamweii 
Fort Cotechney, and at the suggestion of De Graffenried, ^uce'^ 
who, having l)een released, was now again in the settlement, 
some cannon were carried through the forest, borne on long 
shafts with a horse in front and one behind, and these were 
well placed to bombard the stronghold. When all was in 
readiness for the assault the cannon were dischars-ed and 
hand grenades were thrown into the fort ; and these unac- 
customed instruments of warfare so terrified the Indians 
that they begged for a truce. A council of war was held 
by Barnwell and his officers, and since it was feared that 
the large number of women and children held prisoners by 
the Indians would be massacred in the melee if the fort were 
carried by assault, a truce was granted upon the condition 
that all the white prisoners should be immediately released, 
and with the expectation that it would eventually be fol- 
lowed by a lasting peace. 

This failure to press the Indians to an extremity at that "s'^^tisfied 
favorable time created dissatisfaction on the part of the T^^ „ 

^ Barnwell 

governor and his council with Barnwell, who nevertheless 
justified it by in turn complaining that his troops were not 
furnished with provision and that a cessation of the siege 
was desirable on that account. 

Deplorable indeed was the condition of the unfortunate 
captives now restored to freedom, being bereft of husbands 
and fathers and their homes destroyed by the barbarous 
savages ; widows and orphans, they were helpless depen- 
dents upon the charity of people whose own necessities were 
great, but for the moment they were transported with joy 
at their happy deliverance from impending death, and with 
grateful hearts blessed those who had rescued them from a 
fearful fate. 

Barnwell's Indians were disappointed at the truce and ces- Barnwell's 
sation of operations, as they had hoped to take more prison- re"tu'mto 
ers and to profit by their sale ; but he withdrew to New Bern, Carolina 
where provisions could be had ; anrl after a few weeks, under 
the pretence of a good peace, he lured the eastern Indians 



I 



i88 



THE TUSCARORA WAR 



1712 



Rarnwell 
leaves 
North 
Carolina 
C. R., I 904 



to the vicinity of Core village, where his savages fell upon 
them unawares and took prisoners many women and 
children. 

The South Carolina Indians now hurried home with their 
captives, leaving Barnwell and the companies raised in 
Albemarle to carry on the hostilities which this breach of 
faith naturally engendered. On July 5th Barnwell himself 
was wounded, and taking shipping, he returned to Charles- 
ton, promising, however, to use his best endeavors to have 
other assistance sent. 



Summer of 
1712 



A call to 

arms«« 

ntasse 

C. R.,1,877 



Forts 
erected 



Hostilities renewed 

As long as Barnwell's force was on the Pamlico the enemy 
had been held in check, but now that the country was clear, 
furious at the treacherous breach of the truce, the hostile 
Indians became very active, and again was the region south 
of the Albemarle a scene of bitter warfare. The farms were 
deserted, the crops abandoned, and the inhabitants again 
assembled in their garrisons for mutual protection ; while 
around those places of refuge hostile bands incessantly 
prowled, scalping all who fell into their hands. A small 
number of Yamassees, however, had remained, and under 
Captain Mackay did good service near Bath ; but the sav- 
ages roamed at will throughout the country at large, devas- 
tating the plantations and confining the people to their 
forts ; and so another summer was passed with no crops 
made and the Pamlico and new settlements in a state of 
siege. 

Fully aroused to the necessity of decisive action, the 
Assembly now made a draft of the entire fighting population 
to subdue the enemy, and all who would not enroll them- 
selves as soldiers were to forfeit £5 for the maintenance of 
the struggle. In addition to the garrisoned plantations. twQ 
considerable forts were now erected, one at Core Point, on 
the sound, in the vicinity of the Core Indians, and one at 
Reading's plantation, on the Tar River, in the section 
open to the Cotechneys. But although the emergency was 
so great, many were discontented at the strenuous measures 
of the administration, and some of the inhabitants left their 
homes and fled to Virginia. 



THE WAR PROSECUTED 189 

In the midst of these difificulties the yellow fever broke out 2^ 

in the colony, and Colonel Hvde, who had received his com- The death of 

- . . Hyde, Sept 8 

mission as governor only that May, was taken with a violent c. r., i, 869 
fever and died on September 8th, after a week's illness. 
Fortunately, Colonel Pollock was ready to continue the 
administration as president of the council, for he had large 
experience and great ability, and could command the confi- 
dence not only of the inhabitants, but of the authorities in 
Virginia and of South Carolina. A packet ship had been Poiiock 

succeeds 

employed to ply between the province and Charleston, and 
Governor Craven had already agreed to send an additional 
force of friendly Indians, the charges to be paid in North 
Carolina bills, and President Pollock sought to infuse into 
the people confidence and hope, although at the moment 
afi^airs seemed desperate. Captain Byrd, who had been sent 
on an expedition, fell into an ambuscade, and he himself ^^^^ 
was killed and many of his men slain ; and in September 
Colonel Mitchell and Colonel Mackay, who had with them 
one hundred and forty men, were defeated and compelled 
to abandon the enterprise they had undertaken. 

There was unexpected delay in starting the expedition 
from South Carolina, but Governor Craven hurried on some ^^p'- '7" 
barrels of powder and shot and twenty guns, which were 
supplied to the forces then at Coretown Fort, who were 
awaiting the arrival of reinforcements before again pro- 
ceeding to assault Fort Cotechney. In the meanwhile the 
Indians had attacked Fort Reading, on the Tar, and also had ^ ^' '' ^^^ 
made an assault on the garrison at Colonel Jones's plantation, 
near the mouth of the Pamlico, but were successfully re- 
pulsed in both instances. 

Pollock's truce with King Blount 

But while preparing for a protracted struggle, Colonel 
Pollock had wisely renewed negotiations with Tom Blount, 
the king of the Upper Tuscaroras, and toward the end of 
September succeeded in arranging with him to seize Han- 
cock, the chief of the Cotechnev Indians, and bring him in £; ^■•J- 

... . ' o 8bo, 883 

alive with a view to making peace. Indeed, the hostiles 
themselves were in distress for the want of food ; and at 
length, through King Blount, a truce was agreed on to last 



190 



THE TUSCARORA WAR 



1712 



James 
Moore 
airives 
Dec. I, 1712 



C. R., I, 892 



1713 



Indian forts 



He takes 
Fort 

Nohoroco 



March 23, 
1713 



C. R., II, 

19, 27-29 

Indian 
power 
broken 



The 

Tuscaroras 
move north 



until January ist, and in the interval the Tuscaroras were 
to cut off all those who had participated in the massacre and 
were to surrender a number of the chief men from each 
of the six Indian forts as hostages for the good behavior of 
the hostile tribes. 

Before the truce had expired, the new army from South 
Carolina, consisting of thirty-three whites and a thousand 
friendly Indians under Colonel James Moore arrived on the 
Neuse, and moved to the Chowan for convenience in obtain- 
ing needed provisions until it was seen whether the Indians 
would surrender the hostages as agreed on. This they failed 
to do, and preparations were made to strike a blow that 
would break their power. 

The facilities for reaching the Pamlico and Neuse and 
even Core Fort by water transportation had been of great ad- 
vantage during the war, and now the necessary supplies were 
sent forward by boat, and on January 17th Colonel Moore 
marched from Chowan, but a heavy snow falling, he was 
obliged to remain inactive at Fort Reading on the Tar until 
February. In the meantime, the Indians had fortified them- 
selves in two strongholds, one, Cohunche, which was Han- 
cock's fort on the Cotechney, and the other called Fort 
Nohoroco. 

At length, all being in readiness and his army being rein- 
forced by a considerable number of whites raised in the 
colony, among them a company under Captain Maule, on 
March 20th Colonel Moore invested Fort Nohoroco, and 
after three days' hot fighting took it. His loss was 46 whites 
and 91 friendly Indians, while he took 392 prisoners and 192 
"scalps," and reported 200 others killed and burned within 
the fort and 166 killed and taken outside of the fort in a 
scout. In all, the Indian loss was about 800. This was per- 
haps the severest battle ever fought with the Indians up to 
that time. It broke the power of the Tuscaroras, and al- 
though there were emissaries from the New York Indians, 
urging them to persist in hostilities, they now made peace, 
surrendering all of their prisoners and delivering up twenty 
of their chief men to Colonel Moore. 

Soon afterward, the greater part of this powerful tribe, 
including those in Fort Cohunche, retired up the Roanoke 



THE INDIAN POWER BROKEN 191 



and removed to New York and became the sixth nation l^-^ 

there. Hardly had the fort been taken, before many of the 

Sonth Carohna Indians hurried home to sell their prisoners ; 

so that Colonel Moore was left with only one hundred and 

eighty of those who came with him. These scouted the ^ ^'' "' ^° 

woods, seeking other prisoners until June, when Colonel 

Moore collected them and marched against the Mattamus- 

keets, who had fallen on the inhabitants of Croatan and 

of Roanoke Island, and on the planters of Alligator River 

and had butchered forty-five of them. On the approach of 



C. R.,II, 

39. 45 



Colonel Moore, these savages quickly dispersed in the 
swamps of Hyde, but Moore pursued them with vigor and 
broke them up. 

In the meantime another detachment of friendly Indians, 
under Major Maurice Moore, hoping to take more prison- MoorT* 
ers, had started from South Carolina; but Colonel Pol- """" 
lock stopped them and sent them back ; and in September 
Colonel Moore himself returned home, having won hisfh 
praise for his bravery and wisdom, and leaving manv grate- 
ful hearts among those he had rescued from captivity and 
saved from death. His brother Alaurice, however, remained, 
and having married Mrs. Swann, the widow of Colonel 
Swann, became the brother-in-law of Edward Moseley, and 
being allied with the strongest family connection in the 
province, for a generation exerted a large influence in its 
affairs. 

During these perilous times many of the Huguenots who 
had established themselves on the exposed frontier accom- 
panied their pastor, Philippe de Richebourg, and joined their 
brethren on the Santee ; while De Graffenried, who after a 
six weeks' detention with the Indians had been released 
through the efforts of Governor Spotswood, but who had 
for himself and his colonists made a treaty of neutrality with 
the hostile Indians, now sought to protect his colonists, and 
later intended to remove them to the Potomac ; but a series 
of misfortunes interfered, and after mortgaging the land he 
had obtained from the Lords Proprietors to Colonel Pollock De Graffen- 
to secure the advances made for his people, in the spring of lo'^Engbn^ 
1713 he sailed from New York for England. His Swiss 
and Palatines remained, and, indeed, the pacification of 



192 THE TUSCARORA WAR 

^ the hostile Indians was followed by a quick expansion 

of the settlements to the southward. On Core Sound and 

North River lands patented "during Gary's usurpation" 

j^jgg were now occupied; and in October, 1713, the town of 

Records Bcaufort was laid off into lots, which were sold to our- 

C ai teret ' -t^ 

County chasers. The following February tracts of land were taken 
up on Bogue Sound. To the northward, in November. 171 3, 
a grant was issued to John Porter for 7000 acres between 
Drum Inlet and Topsail Inlet, including Point Lookout. It 
was recited that this land had been surveyed before the in- 
structions prohibiting such grants. 
Harmony All the inhabitants being concerned in the common de- 

coiony fence a spirit of harmony and co-operation was fostered, and 

,45 ' ' Colonel Pollock bore testimony that the Quakers had con- 
Hed'?NarTa"- tributcd uiorc aid than he had expected from them ; but he 
tive never became reconciled to Moseley, attributing to his in- 

fluence the previous internecine trouble of the colony, and 
ascribing to him a purpose to cause Barnwell to be ap- 
pointed governor in place of Hyde, and alleging that Barn- 
well's truce with the Indians was a movement to that end. 
This appears, however, to be only another illustration of the 
distorted views which personal antagonisms and animosi- 
ties were responsible for in that period of our history ; and 
indeed Governor Spotswood took occasion to recommend to 
Pollock that he should abate somewhat his enmity to 
Moseley. 

After Colonel Hyde was established in the government, 
the proceedings of the Gary courts were declared void, and 
doubtless the justices were superseded by other appoint- 
ments. William Glover, who would naturally have been des- 
ignated as the presiding justice, was dead in October, 171 1, 
and the court was then presided over by Nathaniel Chevin, 
one of the oldest of the councillors. On the return of 
Christopher Gale to the province after his capture by the 
French on his way from his mission to South Carolina for 
aid, he was appointed colonel of the militia of Bath County, 
and in July, 1712, he began to execute the office of chief 
March, .713 justice, aud in March, 171 3, used that title. In Janu- 
ary, 1716, he received his commission as chief justice from 




1. Si . Thomas's Church, Bath 

2. Philip Ludwell 3. Christopher Gale 

4. Book-Plate and Autograph of Edward Moseley 




THE 

NEW YORK 
'public Lllii-^.ARY' 

Aster, LeH6> ai^* TUden , 
1S09 





EDEN BECOMES GOVERNOR 193 



the Lords Proprietors. As far as appears, he was the first ^J^ 

chief justice of the province.* 

Charles Eden governor 

On learning of the death of Governor Hyde, the Lords 
Proprietors appointed Charles Eden to succeed him, and the 
new governor arrived in the colony and took the oath of 
office in May, 17 14. Although all was quiet at that time, ^"^'^p.,°J^'''^ 
shortly thereafter about thirty braves of the Cores and other 
neighboring tribes, who had suffered so heavily during the 
war, in revenge for their losses, began a systematic course of 
irregular warfare. One day they would massacre in one 
vicinity, and a few days later they would appear many miles 
away and cut off unsuspecting families. And soon their 
numbers increased until they were estimated at two hundred 

*Dr. Hawks mentions that Edward Moseley was chief justice from Hawks, 11, 
1707 to 171 1. The writer has been unable to find that there was any '^g 
chief justice in the province before 1713. Major Sam Swann was 
the senior justice of the general court, after the governor ceased 
presiding over the cotirt, from 1697 until his retirement in 1703. 
Then William Glover, who was next in commission, was the senior 
justice until 1706, when, on the departure of Governor Gary from 
the colony, Glover became president of the Council, and Christopher 
Gale, who had been a justice of the court from 1703, became the 
presiding justice. He presided during the year 1707, and perhaps 
imtil the overthrow of the Glover government in the summer of 
1708, when with Pollock and Glover he probably left the colony. On Proceedings 
the accession to power of the Gary faction, in 1708, all court annulled 
proceedings for nine months were annulled and declared void ; and 
on the incoming of Hyde, three years later, the court proceedings 
for the two years of Gary's admini-^tration were likewise annulled. 
Moseley may have been chief justice during Gary's administration, 
but the writer has found nothing to indicate it. He was not licensed 
to practise until 1714. In 171 1 the court was held by Nathaniel 
Chevin, Francis de la Mere, and Jonathan Jacocks. At the general 
court held July 29, 1712. the justices were Christopher Gale, William C. R , 11, 
de la Mere, Thomas Relfe, and Thomas Garrett. There was no 34-80,217 
chief justice. At the general court, March, 1713, Gale presided 
under the title of chief justice. Somewhat earlier, perhaps, the 
receiver-general had instructions from England to pay £60 for the 
support of the chief justice, and in April, 1713, the council resolved 
that Gale was entitled to this compensation, "as he had executed 
that office from July i, 1712." He executed the office, but probably 
held no appointment as chief justice. It seems that because of this 
provision of ffio for the support of the chief justice. Gale was 
appointed to that office in the spring of 1713. In 1715 the Lords 
Proprietors commissioned him as chief justice, and he was sworn in 
January 21, 1716. 






194 THE TUSCARORA WAR 

12^ hostiles. Again alarm seized the people, and some deter- 

mined on flight to Virginia. To prevent that exodus, a 
proclamation was issued forbidding such removals ; and 
Governor Spotswood gave orders for the arrest of any who 
should come into that province without a passport from the 
North Carolina authorities. Garrisons were again posted on 
the southern frontier, and parties of whites and friendly 
Indians were sent out to suppress the enemy ; but at length 
Feb. 11,1715 on February 11, 1715, a treaty was made with the Cores 
and their allies by which they were to observe peace, 
and territory on Mattamuskeet was assigned them for 
occupancy. 
South Hardly had this peace been concluded before information 

i^pernred was rcccivcd of a very extensive uprising of the Indians in 
South Carolina, threatening the utter destruction of that 
colony. The Yamassees near the Savannah River having 
been instigated by the Spaniards, to the number of 6000, 
suddenl}' fell on the planters, and killed 400 whites, while 
650 braves of the Catawbas and Cherokees came down the 
Santee, driving those who escaped into Charleston for safety. 
Governor Craven's energy and determined spirit alone saved 
them. Enrolling every man into the militia, he drove the 
c. R., II, Yamassees back beyond their old territory and expelled them 
from Carolina. Toward the last of May, the North Carolina 
council ordered that ten men should be drawn from each of 
the three companies, forming the "Governor's Own Regi- 
ment," and that Colonel Theophilus Hastings should proceed 
with them by water to Charleston ; and also that fifty men 
should be sent by land under Colonel Maurice Moore. 
Colonel The route taken by Colonel Maurice Moore was by New 

Moore's Bern down the coast to Old Town, then along the coast by 
expedition j^^^ ^^ ^j^^ viciuity of Charleston, where he was largely re- 
inforced. He then proceeded to Fort Moore, on the Savan- 
nah, seventy-five miles north of Augusta, and from there to 
the northwest, through Rabun Gap, against the Cherokee 
Indians. 

Colonel Moore and his force were fortunate in rendering 
such valuable service in South Carolina that the General As- 
sembly of that province invited him to its floor and thanked 
him in person for his aid ; to Colonel Hastings they after- 



AID TO SOUTH CAROLINA 195 

ward paid £250 for his services, and to Colonel Moore ^^ 

they made a gift of £100. Indeed, the situation in South 
Carolina became so critical that application was made at 
London for troops and munitions to be sent from England, 
and the Lords Proprietors admitting their inability to pro- 
tect their Carolina possessions, the matter of their purchase 
was considered by the Crown, but no definite action was 
then taken. 

In the fall of that year, the Cores broke their peace and The Cores 

-^ ' i renew 

killed some settlers, and the council resolved that that tribe p°"^'''Yj 
should be exterminated ; and again companies were raised to 200 
carry on hostilities, generally composed of ten whites and 
some auxiliary Indians, who made profit in taking the hos- 
tiles alive and selling them as slaves. This desultory warfare 
continued for about three years, rangers being required to 
clear the woods and protect the settlers from massacre. How '715-18 
terrible and murderous was the war may be inferred from 
the number of infants, more than fourscore, that fell victims, 
besides the older children and mature persons. 

By agreement with the Tuscaroras, they were to occupy a 
territory between the Pamlico and Neuse, but in fear of the 
hostile Indians of South Carolina, in the summer of 1717, 
they desired to be placed in a more protected section, and 
were assigned a region for occupancy north of the Roanoke. 



CHAPTER XVI 

Edex's Administration, 1714-22 

The Assembly of 1715. — The Church of England established in the 
colony. — Other laws. — The precincts. — Partisan disagreements. — 
"Blackbeard" harbors in Pamlico Sound. — Complicity of Knight. — 
Moseley and ■Moore search the records. — Knight exonerated, resigns 
and dies. — Aloseley punished. — Revolution in South Carolina. — The 
dividing line. — Colonel Pollock president. — William Reed succeeds 
him. — Edenton. — Carteret Precinct.- — A blow at nepotism. 

The Assembly of 1715 
Nov. 13,1715 The Assembly that first met Governor Eden in 1715 was 
a notable one, convening just after the Indian war, and fol- 
lowing the dissensions that had marked Governor Hyde's 
administration. Moseley, always at the head of the Popular 
party, was the speaker, and although differences between the 
council and administration on the one hand and the Assembly 
on the other again found expression, some of the greater 
questions that had agitated the colony had been finally settled 
by the course of events. The rights claimed for the Quakers 
under the concessions were now denied them. The senti- 
ment that prevailed in England found a full voice in Albe- 
marle. Liberty of conscience was declared ; but Quakers 
were rendered ineligible to office ; nor were they allowed to 
give evidence in any criminal case ; nor could they serve on 
juries, but their affirmation was to be taken as a substitute 
for an oath in those cases in which their testimony was 
admissible. 

All officers, including members of the Assembly, were re- 
quired to take the test oath as well as the oaths of office. 

The Church of England established in the colony 

The Church of England, being the only one which under 
the charter could have public encouragement, was declared 
the established church. The two counties were di- 
vided into nine parishes, for each of which vestrymen were 



C. R., II, 

207 



CHURCH OF ENGLAND ESTABLISHED 



197 



I7>5 



Parishes 
erected 



The Cluirch 
established 



selected, with the ckity of providing a minister at a stipend 
not exceeding £50, and to build a church and a chapel 
in each parish ; and to meet those expenses, they were 
to collect all fines and forfeitures imposed by law ; and were 
empowered to lay a poll tax not exceeding- five shillings per 
annum on the poll. It was also enacted that every person 
appointed a vestryman who neglected to qualify for one 
month was to forfeit his place, and unless he were a dis- 
senter, should also forfeit £3. So if a dissenter were 
selected as a vestryman, he need not have qualified. But 
while these provisions were made for the employment of 
ministers, they were not put in operation. No pastors were 
regularly settled in the colony; only missionaries came, be- 
ing sent out by the Society for the Propagation of the Gospel. 
In 171 1, John Urmstone, a missionary, came to Chowan, 
and he remained in the colony about ten years. Rev. Mr. 
Rainsford came in 17 12, but removed to Virginia in about 
twelve months. In 1718 Rev. Mr. Taylor came, but died Missionaries 
after a residence of two years. In 1723, Thomas Bailey was 
in the colony as a missionary, and Rev. John Blacknall for 
awhile. These appear to have been all. The vestry act does 
not seem to have been carried into effective operation in any 
precinct, but at Edenton there was generally a riiissionary. 
In 1732 there was no minister of the Church of England in 
the entire colony. 

Magistrates who by a former law were empowered to per- 
form the marriage ceremony were forbidden to exercise that 
function in any place where a minister resided. 

The Assembly fixed the price at which skins, hides, furs 
and produce were to be received in payment of debts, includ- 
ing quit rents and public dues. It re-enacted laws that had 
long been in force, including those based on the Fundamental 
Constitutions which had been adopted and carried into 
operation as nearly as circumstances permitted. Among 
these was that which has been known as the biennial act, 
which, conformably to the 73d and 75th articles of the Con- 
stitutions, provided that in September of every second year, 
the people were to choose assemblymen, who were to convene 
in session the next November, thus making provision for 
the regular meeting of the people's representatives indepen- 



Other laws 
C. R., II., 

2>3 



y 



i<j8 EDILN'S ADMIXISTRATION, 1714-22 

^ dently of any action on the part of the governor and council ; 

aUhough the right to ahcr the time and place of meeting was 
allowed to the Palatine's Court ; and the powers vested in the 

„., Lords Proprietors by the Crown were not denied. 

1 he new ' ■' 

predncts At that tiuic, Bath County was divided into three pre- 

=■•♦ cincts, now named Beaufort, Hyde* and Craven. The in- 

habitants of Craven Precinct were to vote at Swift's planta- 
tion, at the mouth of Hancock Creek, while those of the town 

/-* -p TTT _ 

''"^ of New Bern were to vote in that town ; the inhabitants of 
Beaufort were to meet at Bath Town, and those of Hyde at 
Websterson's plantation on the west side of Matchapungo 
River. The Albemarle precincts were to return five mem- 

Assembiy bers ; those of Bath County only two each. The inequality 
''^ was doubtless because the new precincts were so sparsely 

settled. Under the original constitution, each of the precincts 
of Albemarle County was entitled to five members, but that 
provision was held not to apply to Bath County. The As- 
sembly also provided for another issue of paper currency, 
elected a public treasurer, levied a tax to retire the currency, 
and arranged to pay its indebtedness to South Carolina. 
Also provision was made for the appointment of a register 
in each precinct to register deeds and record all births, 
deaths and marriages, as had long been the law and was re- 

The ^revisai qi^^ij-g^ l^y ^\-^q Constitutious. In fact, all the laws were 
revised and re-enacted at this session, and the common law 
of England was declared in force in North Carolina. 

When the acts were submitted to the Lords Proprietors, 
they disapproved of the provision requiring the receiver of 
quit rents to receive the provincial bills for dues to the Pro- 
prietors, and they further informed the Assembly, "we have 
resolved that no more land shall be sold in the province, but 
only in England," and they reminded the Assembly that no 
act thereafter passed would be valid for a longer time than 

c R., II, two years unless it received their approval. 

In the fall of 1715 they appointed Christopher Gale chief 
justice, and he was sworn in January 24, 17 16. 



217 



*The territory embracing Mattamuskeet Lake was attached to 
Currituck Precinct, and so remained until 1745, when it was annexed 
to Hyde. 



243> 244 



INTERNAL DISCORD 199 

The journals of the house contained several resolutions, ^ 

as having been adopted, but which the governor and council di"g'e"- 
declared had not been passed ; the first was a declaration ^^^"_ u^ 
against impressments by the governor and council, as being 
a great infringement of the liberties of the people ; another 
was in condemnation of the treatment of the Core Indians ; 
another, in condemnation of those who refused to take the 
public bills as paper currency in payment of fees, was evi- 
dently aimed at some of the administrative officers. Not 
content with mere resolutions, the Assembly appointed a com- 
mittee to represent the deplorable circumstances of the colony 
to the Lords Proprietors. Evidently the former factions 
were not entirely hushed. On the contrary, the ditTerences 
springing from diverse interests now became the basis of 
two parties, one adhering to the officials who represented 
the Proprietors, and the other composed of those inhabitants 
who sought the general welfare, which may well be called 
the Popular party. 

Nor was the governor antagonized by only the People's 
party. He had some enemies closer at hand. In the sum- 
mer of 1717, Christopher Gale sailed for London, with the 
purpose, as alleged by Parson Urmstone, himself a very 
erratic character, of accomplishing Governor Eden's down- 
fall, and with the hope of supplanting him. This none too 
pious missionary introduces us to both the parties without 
evincing much partiality. The complaints against the gov- 
ernor, he asserts, were not groundless : "His honor has acted 
toward all men very arbitrarily, not to say unjustly." He 
is declared "to be a strange, unaccountable man." But of 
Gale, the parson entertained no better opinion. 

The result of Gale's mission, however, was not hurtful to 
Eden ; on the contrary, at the same meeting of the Lords 
Proprietors at which Gale was reappointed chief justice, 
Eden was made a landgrave. But Gale, whether smarting 
from his disappointments, or for other reasons, did not re- 
turn to Carolina for several years. And another affair oc- 299 
curred that stirred the colony and involved the administra- 
tion. 



C. R., II, 

320. 335 



200 EDEN'S ADMINISTRATION, 1714-22 

i7'8 Thack harbors in Pamlico Sound 

Among the pirates wlio infested the Atlantic coast, having 
their rendezvous in the Bahamas, was Thack, or Thatch, or 
Teach, his name being written in several ways, familiarly 
known as "Blackbeard." One of his lieutenants was Major 
Steed Bonnett, a man of gentle birth and of education. 
These sometimes came into the sounds of North Carolina ; 
and they had friends there, as in Virginia and South Caro- 
lina. But among the better class of people, there was in- 
dignation that pirates should be tolerated by the officers. 
When the king offered pardon to all pirates who should sur- 
render and reform, Thack availed himself of the terms and 
came in and promised to lead an honest life ; but after a 
month he was again on the high seas. At length Captain 
Woodes Rogers, who had saved Alexander Selkirk from his 
desert island, was sent to break up the nest of pirates in the 
Bahamas. While he was successful in capturing many, Bon- 
nett and Thack were not taken, and found a refuge in the in- 
lets of North Carolina. 

Shortly afterward Thack sailed from the Pamlico and 
soon returned with a cargo of oranges and other fruit, sugar 
and spices, taken from a French vessel, which he had cap- 
tured on August 22d, near the Bermudas, and then burned 
off the coast of Carolina. Some of this plunder he stored 

c. R., II, in the barn of Tobias Knight, an Englishman wdio had come 

^^^ over with Eden and who was secretary of the colony ; and 

in the absence of the chief justice. Gale, had been appointed 
to that high position. Information was sent by some of the 
inhabitants to Governor Spotswood, who, deeming himself 
clothed with authority, determined to capture the pirate. 

Spotswood There were two British men-of-war in the harbor ; but there 
was so much sympathy for the pirates in Virginia, that Gov- 
ernor Spotswood would not hazard communicating his pur- 
pose even to any member of his council. Obtaining two 
sloops, and fitting them out secretly with men supplied from 
the men-of-war, he sent them under the command of Lieu- 
tenant Maynard in search of Thack's vessel, the Adventure, 

Nov.22,1718 which on November 22, 1718, was discovered near Ocra- 
coke Inlet. A desperate battle followed. Knowing the 
shoals of the sound, Thack had some advantage ; but at last, 



C. R., II, 

325 



BLACKER ARD, THE PIRATE 201 

hard pressed, the Adventure was stranded. As Maynard's ^ 

sloop now approached the pirate ship, Thack poured into it 
a murderous broadside that swept off many of the crew. 
But Maynard, ordering his men below, steered directly for 
the Adventufe, and as the vessels closed, Thack and his crew 
sprang upon the deck of the sloop and, animated by a des- 
perate courage, hoped to take possession and make their es- 
cape. But Maynard's men rushed from below, and in the 
hand-to-hand encounter that ensued the pirates were over- 
come. The Adventure carried 8 cannon; and of the 
crew of 18 men, 9 besides Thack were killed outright, and 9, 
some desperately wounded, were taken prisoners ; of the 
king's men, 12 were killed and 22 wounded. The prisoners 
who survived were taken to Virginia, tried and convicted of 
piracy. 

Upon the capture of Thack's vessel. Governor Spotswood complicity 

. . . 01 Knight 

sent Captain Brand of the British Navy to obtain the stolen 
merchandise. Colonel Maurice Moore and Jeremiah Vail 
accompanied him to Pamlico, and the goods were found, 
some being discovered in the barn of Tobias Knight. Im- 
mediately the governor and some of his council remonstrated ^; ^•' "• 
at the action of Governor Spotswood, claiming that these 
proceedings were unlawful and improper. Separating Col- 
onel Pollock and Governor Eden from Tobias Knight, it ap- 
pears that the governor regarded that it was an invasion of 
his government for Governor Spotswood to send a force into 
North Carolina waters even for the purpose of capturing a 
pirate ; and he keenly felt and warmly remonstrated against 
Captain Brand's taking possession of the sugars and remov- c. r., ii. 

. . 34'' 346, 349 

ing them to Virginia, to be disposed of by the court of admi- 
ralty. Colonel Pollock doubted the strict legality of Gover- 
nor Spotswood's action, but advised Governor Eden to make 
no point about it. While the council stood by Knight, Eden's 
action is hardly consistent with innocence as to the alleged 
complicity with the pirate, and he certainly did not give ex- 
pression to any great satisfaction at Thack's destruction. 
Still if Eden had any association with Thack, it was less operi 
and notorious than the bearing of some of the governors of 
other colonies toward the pirates. 

The public records according to the instructions of the 



202 EDEN'S ADMINISTRATION, 1714-22 

1^^ Lords Proprietors were to be open to public inspection ; but 

|^J°se'eyand in tlic abscncc of any public buildings, they were kept in 
search the rooms of pHvate houses. The records of the secretary's 
office were deposited in a private house at Sandy Point, near 
Edenton ; and Maurice Moore and Edward Moseley, being 
determined to search the records for incriminating evidence 
regarding miproper dealings between the authorities and 
Thack, on December 27th broke into that room, barred the 
door and proceeded to make an investigation. For this 
alleged trespass and misdemeanor, the governor issued a 
warrant for their arrest, and sent a considerable body of 
men to apprehend them. Indignant at such a posse being 
sent to take him, Moseley exclaimed that "the governor 
could find men enough to arrest peaceable citizens, but none 
to arrest thieves and robbers," The intimation was plain, 
that the governor was willing to shield the pirate, and the 
allegation was scandahini magnatuin. Moseley and Moore 
were bound over to court, and an indictment followed as a 
matter of course. At the trial of the pirates before the 
admiralty court in Virginia, the evidence implicated Tobias 
Knight as being in complicity with Thack, and a copy of the 
testimony was sent by Governor Spotswood to Governor 
Eden. At a meeting of the council, about the opening of 
April, this testimony was considered and an order was passed 
to serve a copy of it on Knight, who was not in attendance. 
At the next meeting in May, Knight filed a statement in ex- 
planation. While making sweeping denials, alleging that he 
was pursued "by Moore and Vail and that family," he de- 
clared that he had not sought to conceal the fact that the 
sugars were stored on his premises ; and he alleged that they 
were lodged there at the request of Thack only until a more 
convenient store could be procured by the governor for the 
c. R., II, whole cargo. This apparently connected the governor with 
the transaction, and would necessarily involve him if Knight 
were found implicated in any illicit dealings regarding these 
goods. The governor himself made no particular explana- 
tion, but the result of the investigation could not be doubt- 



344 



ful. 



The council hastened to declare that Knight was not 



fe' 



guilty, and ought to be acquitted of the crimes laid to his 



KNIGHT EXONERATED BY THE COUNCIL 203 

charg^e. Still of Knight's complicity there is no question, '718 

wiiile his explanation that seemed to involve Governor Eden The couTcii 
may well be entirely disregarded. The circumstances are KnighTblt 
inconsistent w^ith his innocence. Thack, being a notorious aiVdleT'* 
pirate, had accepted the king's offer of pardon ; had then re- 
turned to his trade; had again surrendered and made ap- 
plication for a second pardon ; and while the application was 
still pending, he had sallied out with his vessel armed with 
eight cannon and manned by a crew of desperadoes, and hav- 
ing taken a French merchantman and transferred the cargo 
to his own ship, had burned his prize off the North Caro- 
lina coast ; and then coming in, devised the story not likely 
to impose on the credulity of any one, that he had found a 
wreck on the high seas and had saved the cargo. A part of 
his stores was conveyed at the dead of night to the barn of 
the chief justice of the colony and concealed beneath the 
fodder. When Knight was first questioned by Captain 
Brand, he positively denied that any such goods had been ^44^""' 
concealed on his premises. The denial being ignored and he 
being informed that a memorandum found on the person 
of the dead pirate attested the facts, he reluctantly made the 
admission. Also in Thack's possession was discovered a let- 
ter from Knight of recent date, beginning, "My friend," and 
containing friendly advice, in itself being full proof of the 
intimate connection and guilty association. Against these 
facts, the exoneration by the governor and council carried no 
weight. Knight resigned as chief justice. Colonel Frederick 
Jones becoming his successor, and then he died before the 
summer had ended. Such was the termination of the career 
of that English adventurer, who, like many others sent over 
by the Proprietors to hold important office, sought to win 
fortune at the expense of honor and character, and was ut- 
terly indifferent to the good fame and material welfare of 
the inhabitants of the province. He was doubtless quite 
right in ascribing to the Swann and Lillington connection a 
purpose to uncover his nefarious dealings. The gentlemen 
of that family had a patriotic interest in removing from their 
settlement the reproach of harboring pirates, as their action 
in searching the records sufficiently indicates. 

For their offences Moore and Moselev were tried at the 



204 EDEN'S ADMINISTRATION, 1714-22 

^Z]l general court in October, 17 19. To the indictment for break- 

S^'.^'i.J'' ills' into the secretary's office, they with Thomas Luten and 

366, 368 * * 

Henry Clayton pleaded guilty ; and a fine of £5 was imposed 
on Moore, and of fiye shillings on Moseley. But the case 
against Moseley, for his scandalous words, was regarded as 
more serious. The jury rendered a special verdict — that 
Moseley had uttered the words, and "if the law be for the 
king, then he was guilty." After several days' delay, the 
court ruled that he was guilty ; and it being considered that 
his action was in the nature of stirring up sedition, he was 
sentenced to pay a fine of iioo, and to be incapable of holding 
c. R., II, any office or place of trust in the colony for three years. His 
practice, however, was large and important, and as he was 
silenced as a lawyer, the business of the court was so impeded 
that the chief justice, Jones, requested that his disabilities 
as an attorney might be removed ; and in view of the allega- 
tion that he had intended to raise sedition, perhaps also be- 
cause of the recent revolution in South Carolina, Moseley was 
led to state, in a petition to the council, that his words were 
not uttered with such a sinister design, but only through 
heat and passion ; and he asked to be relieved of the sen- 
tence. But the governor, perhaps, felt that there was too 
much truth in what ]\Ioseley had so bluntly alleged for the 
offence to be forgiven, and the only concession he made was 
that Moseley might bring to an end such litigation as had 
been committed to him before the sentence was imposed, but 
should take no new cases. So for three years the leader of 
the Popular party and the most influential citizen of the 
province was excluded from all public employment and for- 
bidden to practise law. 

Revolution in South Carolina 

While these matters were in progress in North Carolina, 
the condition in South Carolina had become so intolerable 
under the inefficient government of the Lords Proprietors, 
that the people having determined on a revolution, following 
the methods practised in England, formed an association to 
stand by each other ; and the Assembly which convened on 
November 28, 1719, resolved itself into a convention, and 
threw off the authority of the Lords Proprietors, offering the 



me 



THE REVOLUTION IN SOUTH CAROLINA 205 

administration to Governor Johnson, who had succeeded ^ 

Craven, if he would continue to act as governor and hold the 
province for the king. This Governor Johnson properly re- Moore leads 
fused to do, and the people then elected James Moore gov- Carfiina^ 
ernor, and applied to the king to receive South Carolina as '^^''°'' 
a royal province. 

A revolution so complete and successful cast dismay 
among the Proprietors and their officers in North Carolina, 
and raised anew in England the question of the Crown's 
resuming possession of the entire territory of Carolina. It 
also led to the consideration of the dividing line between 
the two governments. 

The South Carolina authorities claimed the Cape Fear River The South 
as a boundary, and asserted that their government had issued cii'viding 
grants for land on that river ; but in the earlier days the 
Santee had been the northern limit of South Carolina, and 
more lately, after Clarendon County had ceased to exist, the 
territory north and east of Cape Fear was assigned to the 
North Carolina government. As there were no settlements 
in the Cape Fear region, the question had not been of im- 
portance, and before the boundary was marked North Caro- 
lina had occupied the southern bank of the Cape Fear River 
as a portion of Bath County. 

Conditions in North Carolina 

As painful and devastating as the Indian war had been, 
its sacrifices were not without compensation. Although the 
trade in furs largely ceased the colony received a greater 
benefit from quieting all apprehensions of Indian outbreaks. Population 
The savages being suppressed, the extension of the planta- "'"^^^^ 
tions proceeded without interruption and population con- 
tinued to flow in, the settlements progressing to the south- 
ward as well as to the westward along the navigable streams. 

In January, 1670, the Assembly had passed an act restrict- 
ing grants of land in any one survey to six hundred and sixty 
acres in order to remedy the evil of large tracts or plan- 
tations being insufficiently cultivated; and the Proprietors 
in 1694 had authorized Governor Archdale to sell land in 
Albemarle in fee for what he could reasonably obtain for it ; 
however, not under £10 for a thousmd acres, and reserving 
an annual rent of not less than five shillings to a thousand 



206 



EDEN'S ADMINISTRATION, 1^14-22 



1722 



Land 
patents 



Eden dies 
March, 1722 



Colonel 
Pollock 
president 



His death, 
August 30, 
1722, and 
character 



acres. Later the Proprietors, understanding that advantage 
was being- taken of them by the issue of patents for thou- 
sands of acres in a body which was not seated, but thus 
withdrawn from other purchasers while yielding no rents, 
in their instructions to Governor Hyde forbade the issue 
of any patents whatsoever. They also forbade the survey 
of any lands within twenty miles of the Cape Fear River. 
In January, 1712, however, at Governor Hyde's instance, 
they modified these directions so that he was allowed to issue 
patents not to exceed six hundred and forty acres in a body, 
requiring a cash payment of twenty shillings for every hun- 
dred acres, and an annual rent of one shilling sterling money 
of Great Britain per acre. These terms necessarily applied 
only to the lands in Bath, for those in Albemarle were held 
under the Great Deed. The council represented in 1718 
that these orders relating to the sale of land imposing such 
hard terms were inconsistent with the settlement of the 
province, and it unavailingly asked that they might be re- 
voked. At that time there were about one million acres held 
subject to quit rents, and there were about two thousand 
tithables in the colony ; and despite the orders, the people 
were spreading out in Craven and up the Neuse and along 
the Roanoke. Indeed, the province was making rapid 
strides in importance when, in March, 1722, Governor Eden 
died. 

So far as the internal affairs of the colony were concerned, 
during the latter years of Eden's administration at least, 
the people enjoyed a period of repose. Except for the 
irritation that may have incidentally grown out of its atti- 
tude toward Moseley, his administration was apparently 
quiet and pleasant, although the desultory depredations of 
the Indians added somewhat to the cares of his ofificial life. 
On his death. Colonel Pollock was again chosen president ; 
but that valuable citizen, who for twenty years had been 
one of the most prominent and influential, as he was doubt- 
less the richest, of the inhabitants, did not long survive this 
last accession of power. In all the contests that had divided 
the people he had taken sides against the party to which 
Moseley adhered. When the latter stood for popular rights, 
Pollock threw his influence toward maintaining the authority 



THE GROWTH OF THE COLONY 



207 



of the administrative . officers ; but of his sterHng worth, 
abihty and character there is no question. 

On his death, toward the last of August, he was suc- 
ceeded by WilHam Reed, who was in no wise comparable to 
him, either in social position or in respectability of 
character. 

Chief Justice Gale, after an absence of nearly four years, 
returned to the province just as Governor Eden expired, 
and resumed his official functions, and he also took his seat 
at the council board as a deputy of James Bertie, one of the 
Lords Proprietors. 

A hamlet had sprung up on Queen Anne's Creek and Gov- 
ernor Eden had made his residence there, and the council 
and general court met at that place. It was now incor- 
porated as a town under the name of Edenton, and became 
the established seat of government. An Assembly was held 
there in October, 1722. The previous Assembly was pre- 
sided over by William Swann, but Moseley's disabilities 
having now expired by the passage of three years, he was 
chosen speaker of the new body. Among its acts was one 
establishing seats of government in the several precincts 
and settling the courts and court-houses. And because the 
territory west of the Chowan had become so populous, a new 
precinct was laid off in that territory named Bertie, doubt- 
less in compliment of the Proprietor. 

In August, 1722, the council had established Carteret 
Precinct, extending southward indefinitely to the bounds of 
the government, including all the settlements in that direc- 
tion ; and the town of Beaufort was incorporated into a sea- 
port, entitled to a collector of customs ; and a road was 
directed to be opened from Core Point to New Bern. The 
growth of the province had been retarded for the want of 
commercial facilities, and to improve navigation an act 
was passed to encourage a settlement at Ocracoke Inlet, 
because of the good anchorage and harbor there. 

Another act had for its object to discourage the influx of 
official adventurers by prescribing a qualification for officers 
that would exclude such persons as any new governor might 
bring over as satellites in his train ; it prohibited the gov- 
ernor from granting any office to any British subject who 
had not resided three years in the province. 



1723 



William 
Reed 
succeeds 
him 



EdentoD 



S.R.,XXIII, 
102 



Bertie 
Precinct 



Carteret 
Precinct 
C. R.. II, 

458, 459 



Official 

adventurers 

discouraged 



1724 



CHAPTER XVII 

Administrations of Burrington and Everard, 1724-31 

Governor Burrington explores the Cape Fear. — Opposition to him. 
— Burrington displaced. — Sir Richard Everard. — Antagonism be- 
tween Assembly and governor. — Altercations of Burrington and the 
governor. — The ministers. — The settlement of the Cape Fear. — The 
Assembly sustains Burrington.- — He appeals to the Proprietors. — 
Personal controversies. — The dividing line with Virginia. — Purchase 
by the Crown. — Carteret retains his share. — Everard breaks with 
Gale. — The lords of trade. — The currency act.- — The end of the 
Proprietary government.-^Conditions in North Carolina. — No public 
schools. — Few ministers. — The Baptists. — Industries. — Population. — 
Social conditions. 

Governor Burrington 

To fill the vacancy caused by the death of Eden the Lords 
Proprietors proposed to appoint George Burrington, of 
Devon, governor of North CaroHna, and on February 26, 
1723. the king gave his assent; but it was not until the 
succeeding January that Burrington reached Edenton and 
an., 1724 ^qqI^ ^i;,g oaths of office. The new governor had held office 
under the Crown in every reign since the revolution of 
1688, and must have had considerable official experience. 
He was a man of violent temper, firm and resolute, and one 
who could brook no opposition. Thomas Jones, a son of 
Chief Justice Jones, had intermarried with Miss Swann, the 
stepdaughter of Moore, and had thus connected his father 
with the Moseley and Moore faction ; while by the death of 
Colonel Pollock Chief Justice Gale was left the most respect- 
able and influential member of the opposition. On Bur- 
rington's arrival he not unnaturally allied himself with the 
dominant party, that contained not merely the numerical 
majority controlling the Assembly, but almost all the influ- 
ential men in the province. Moseley himself was now of 
the council,* and the power of the administration was with 

*To fill a vacancy in the council, the other councillors could 
temporarily elect. 



CONDITIONS IN THE PROVINCE 209 

his friends. The Assembly met three months later and for- ^ 

mally begged that the instructions of the Lords Proprietors '^^^■■> ". 
prohibiting the sale of lands in Bath might be disregarded 
until an address could be sent to them in England. It was 
asserted that, the land office being closed oersons coming 
into the colony to locate could obtain no grants and were 
forced to go elsewhere, and that the welfare of the province 
demanded a change in regard to these matters. Burrington 
entered heartily into the measure. There was a particular 
prohibition against making any grant on the Cape Fear ^^ ^^^^^ 
River, but he obtained by purchase an old patent issued by c^.pe Fear 
Governor Hyde in 171 1 to Thomas Harvey, calling for five 
thousand acres, and he determined to locate it on that river, c. r., hi, 
There were other such patents for lands bearing that date ^"'' 
eventually located on the Cape Fear, but whether they were 
issued pursuant to a purpose to make a settlement in that 
region at that time, or whether they were issued in blank 
and originally intended for a different locality, is a question 
not now possible to determine. With a view to opening up 
that region to settlers, Burrington undertook to make a c. r., ii, 
thorough exploration of it. He visited it in person, and ^^ 
underwent much hardship, privation, exposure and danger 
in exploring its streams, its swamps and wildernesses. H 
he was not persuaded to this resolution by Maurice Moore, 
he was at least seconded and encouraged in it by him. 

Moore, who had traversed that country in going to the 
aid of South Carolina in 1716, determined to form a colony 
and settle there, and to this end he interested his brothers 
and friends in South Carolina and his familv connections 
in Albemarle and Bath counties, who agreed to join him in 
making a new settlement. 

But while these matters were in progress, Burrington's Opposition 
unfortunate temper threw him into personal antagonism Bunington 
with the chief justice and other officials. In addition to 
his salary as governor, the Lords Proprietors had granted 
him and two associates a lease of the exclusive right of the 
whale fisheries along the coast ; and whether from some 
incident springing from that lease or from some dereliction 
of duty on the part of the naval officer at the port of Roa- 
noke, and of the collector of customs, the governor in the 



210 



BURRINGTON AND EVERARD, 1724-31 



1724 



C. R., II, 
561 



Everard 
appointed 
governor 
Jan., 172s 



C. R.,II, 562 



summer of 1724 threatened violence to one and imprison- 
ment to the other. Chief Justice Gale, who was also a 
collector of a port, sustained his brother officials, and toward 
the chief justice Burrington was abusive and violent. Gale 
even declaring that the governor had come to his residence 
at night and threatened to kill him and to burn his house 
over his head. Burrington had been affable to the people, 
and had so ingratiated himself that he was popular among 
the rich as well as the poor ; and now the assemblymen stood 
C.R., 11,559 ijy i-iii-ji, while the councillors generally supported Gale. The 
chief justice speedily left the colony and sailed for England, 
bearing a representation, signed by seven of the council, 
complaining of the governor's violence and arbitrary 
conduct. 

Arriving at London, Gale hastened to inform the com- 
missioners of customs, under whom he held his office as 
collector of the port at Beaufort, of the illegal action of 
Burrington, and declared that, believing his life in danger, 
he had been obliged to flee from the province, and that he 
could not return but at the hazard of his life. In addition, 
Gale appears to have impressed the Lords Proprietors with 
the belief that Burrington was preparing to lead a revolu- 
tion, as James Tvloore had done in South Carolina, and throw 
off the authority of the Proprietors. Evidence of this, 
according to his enemies, was afforded by his association 
with Maurice Moore, his visits to South Carolina, his ap- 
pointment of Moseley to administer the government during 
his temporary absence, his arrangement for the settlement 
of the Cape Fear, notwithstanding the prohibition of the 
Proprietors, and his courting popularity among the people 
and liis friendly alliance with the leading inhabitants. In 
this mission Gale w'as more successful than in his alleged 
attempt to overthrow Eden. The fears of the Proprietors 
were at once aroused, and apprehending that they might 
lose their province either through revolution or by the king 
taking possession because of the illegal conduct of their 
governor, in haste they appointed Sir Richard Everard to 
supplant Burrington, and in July, 1725, Everard reached 
Edenton and took the oaths of office. Gale accompanied 
the new governor, who not unnaturally looked to him for 



Everard 
reaches 
Edentnn, 
July, 1725 



FACTIONAL DISTURBANCES 211 



advice and counsel, and being a weak man, fell entirely '7"s 

under his influence. "^ 

According to the biennial act, an Assembly was to be 
elected in September, and as the time approached, Bur- 
rington became very active in managing to secure the elec- 
tion of members who were friendly to him. He visited all 
the precincts and stirred his friends to zeal and activity. By 
law the Assembly was to meet in November, but Gale advis- 
ing that there was no need for an Assembly at that time, 
the governor in October issued a proclamation proroguing 
it until April. On the other hand, it was declared that 
under the fundamental constitution of the province the 
governor had no power to postpone the meeting of the 
Assembly, and, in disregard of the proclamation, the mem- 
bers convened at Edenton on the day fixed by law, Burring- 
ton being a member, and the body chose Moore as speaker. 

The Assembly was entirely in sympathy with the deposed Antagonism 
governor, and having resolved that the prorogation was an AsS'iy 
infringement of their liberties and a breach of the privileges governor 
of the people, they declared that at their next meeting they ^°''-' '^^s 
would proceed to no business until their lawful privileges 
were confirmed. The governor and council refused to recog- 
nize that the house was in session, but nevertheless, the 
house adjourned from day to day, and the next day adopted c.R.,11,577 
an address to the Lords Proprietors in which they repre- 
sented that the great happiness which the province had 
enjoyed under the administration of Burrington had been 
"much disturbed by the unexpected change made through 
many false and malicious calumnies raised against that 
gentleman by persons of the most vile character and des- 
perate fortunes"; and they solemnly denied that there was 
any disposition or design on the part of Burrington or any 
one else to cause such a revolution as had taken place in 
South Carolina; and they represented that great evils were c. r.,ii, 
apprehended from the vile administration which the province 
was threatened with from a governor "entirely influenced 
by a few persons of the most irreligious and immoral 
character." 

Having given expression to these sentiments, the .house 
adjourned to the first Tuesday in April, the day set by the 



212 



BURRINGTON AND EVERARD, 1724-31 



1725 



C. R., II, 
648 



Altercations 
of Burriiig- 
tiiii and 
the governor 
C. K., II, 
65. 



The 

miiiister5;, 
C. R., II. 
604 



governor for its meeting. Burrington, strengthened by the 
support the house gave him, felt no restraint in making 
evident his contempt for Everard. Announcing that in nine 
months he would be restored to the office of governor, he 
promised places to his friends who had been dismissed by 
the new administration, and he carried himself very defiantly 
toward the governor, in utter disregard of law and order. 
Proclaiming that Sir Richard was an ape, a noodle, and 
no more fit to be a governor than Sancho Panza, he sought 
to disparage him with the people, and going to Sir Richard's 
residence at Edenton in the night, he called him out and 
threatened him and abused him with great opprobrium. 
In one of these violent demonstrations, a night attack on the 
governor's house, he was accompanied, among others, by 
Cornelius Harnett, an Irishman who had recently come into 
the colony with several thousand pounds' worth of mer- 
chandise and had established himself as a merchant. Indeed, 
on the night of December 2. 1725, after their assault on the 
governor, they broke open the doors of the house of the 
constable and beat that officer furiously ; and James Potter 
coming to his neighbor's aid, they violently assaulted him ; 
and then forcing the door of Thomas Panis's residence, they 
assaulted him and drove his family out of the house. The 
governor himself was disorderly, but not quite so violent 
in his demonstrations as Burrington. But together they 
caused about Edenton a discreditable uproar, and the greater 
part of the province was more or less interested in their 
bitter antagonism. Gale's friends in the council gathering 
around Everard. while the assemblymen were of Burring- 
ton's faction. Even the only two ministers in the province 
took dififerent sides. Rev. Mr. Bailey, a missionary, was of 
the Burrington faction, and received no courtesy but hard 
usage from Everard ; while Rev. Mr. Blacknall, who had 
come over with the new governor, and sided with him, was 
represented by Sir Richard to the Bishop of London as a 
very good preacher, a gentleman, perfectly sober, and be- 
loved by all but Mr. Burrington's party. This Mr. Black- 
nall, who was of a highly respectable connection in England, 
perhaps in ignorance of the provincial law, was led soon 
after his arrival to perform the marriage service between a 



THE CAPE FEAR SETTLED 213 

white man and a mulatto woman. On the same day, per- '^^s 

haps ascertaining that he had committed an offence, he went 
before the chief justice and made an affidavit of the fact. 
Being subject by law to a penahy, one-half of which was for 
the use of the informer, he claimed his half, which lessened 
his fine to that extent. Doubtless he erred through ignorance. 
There was nothing to his personal advantage in his delin- 
quency, and he lost no time in acknowledging his violation 
of the law and in evoking its operation. But he did not 
remain long in the province, soon going to Maryland. 



This factional disturbance in Albemarle perhaps rather ^"^^ 



setUement 
of the 



hastened than delayed the settlement of the Cape Fear, cape Fear 
Bath County extended from Albemarle Sound down to the 
undefined southern limits of the province ; and when Car- 
teret Precinct was established it included the entire un- 
settled region, embracing the Cape Fear and down to the Carteret Co. 
South Carolina line. The first known grant in that wilder- 
ness was issued to Maurice IMoore on June 3, 1725, for 
fifteen hundred acres on the west bank of the river, sixteen 
miles below the present town of Wilmington, where he laid 
out a town which he called Brunswick, in honor of the 
reigning house, and invited settlers to locate there. His 
brothers, Roger* and Nathaniel, and other friends came from 
South Carolina, and Maurice Moore and a large part of the 
Lillington connection also prepared to remove from Albe- 
marle. The former took up lands on the lower Cape Fear, 
while the Albemarle contingent located their grants on the ^'^eP-^'^' 
northeast branch, where Burrington also took his five thou- 
sand acres, by grant dated June 25, 1725 ;f and other acces- 
sions being made, at last there was reason to hope that the 
advantage of a good port and harbor would be obtained for 
ihe province. 

At the March term of the court Burrington and Harnett 

*Roger Moore, because of his wealth and large number of slaves, 
was called "King Roger." There is a tradition on the Cape Fear that 
he and his slaves had a battle with the Indians at the "Sugar Loaf," 
nearly opposite the town of Brunswick. Governor Tryon, forty 
years later, mentioned that the last battle with the Indians was 
when driving them from the Cape Fear in 1725. The tradition would 
seem to be well founded. 

tSome of the names bestowed on localities by Hilton in 1663 are 
yet retained : Stag Park, Rocky Point, etc. 



214 BURRINGTON AND EVERARD, 1724-31 

^ were indicted for their violent trespasses and assaults, and 

c R., II, the latter left Albemarle, and going to the Cape Fear, coii- 
dncted a ferry across the river at the new town of Bruns- 
wick, which at the March term of the general court at 
Edenton in 1727 was duly established and legalized. Bur- 
Apni, 1726 rington was in his seat as a member of the Assembly which 
met pursuant to the prorogation on April ist. That body 
remained steadfast to his interests and manfully stood by 
him, notwithstanding his disorderly conduct. John Baptista 
Ashe, with whom Burrington had established very cordial 
relations, having been accjuainted with several members of 
his familv in England, was, in the absence of Moore, chosen 

C R II ^ o ' 7 ' 

608 " ' speaker, and he strongly supported the ex-governor. Sir 
Richard opened the proceedings with an address appealing 
for love and charity, and that all breaches should be healed, 
that the country should flourish and all be happy. 

The house met this tender of the olive branch with a 
resolution that all its debates should be secret, and that any 
member who should disclose the purport of any debate 
should be expelled. After a week's delay an answer was 
adopted to the governor's address, detailing at large the 
alleged grievances of the people, and aimed at the adminis- 
trative and court officers, who were denounced as vile and 
base characters ; and they called on the governor to heal 

c R, 11,619 the breaches by bringing them to punishment. The gov- 
ernor was, however, reported to be dangerously ill, and the 
address could not be presented. The house next delivered 
an address to Burrington, full of compliments, and thanking 
him for his many services and the advantages received under 
his mild administration ; and then an address to the Lords 
Proprietors was adopted, declaring that they would esteem 
it one of the greatest favors if the Proprietors would restore 
Burrington to the office of governor. Called to the gov- 
ernor's dwelling, because he was too ill to attend at the 
council chamber, the house presented its address and asked 
for an answer to their grievances ; but instead of a reply, the 
secretary announced that the governor and council had 
agreed on a prorogation, and the governor verbally pro- 
nounced a prorogation, which the house on its return to 
its chamber declared illegal; but nevertheless, it adjourned 



ASSEMBLY SUSTAINS BURRINGTON 



215 



to the clay appointed. Biirrington forwarded the resolutions ^ 

in his favor to the Lords Proprietors, and addressed to them Bumngton 

. . . appeals 

a memorial relative to his administration. He mentioned to the 

. . . , Proprietors 

that because of mighty storms in August before his arrival 
the crops had been destroyed and there was almost a famine, 
yet a thousand families came to live in the province during c.R.,111,28 
his administration, and more would have come had not pro- 
visions been so scarce ; that he had reorganized the militia ; 
and finding that the magistrates were of no respectability, he 
had prevailed on Colonel Moseley, Colonel Harvey, Colonel 
Swann, Colonel Maule and other gentlemen to preside over 
the precinct courts, which had borne excellent fruits in estab- 
lishing the courts in the confidence and respect of the people ; 
that he had purposed being of use to Governor Everard, 
and he took occasion to warn him against the advice of 
Gale, Lovick, and Little, but unavailingly ; that great im- 
provements had been effected through his own efforts, and 
that he had remained in Carolina expecting to learn from 
them the nature of the complaints against him, but was still 
in ignorance ; and that he would take the first opportunity 
to clear his character, if sullied. 

In the meantime the prosecutions against him were con- 
tinued on the docket, no particular efforts being made to 
arrest him and bring him to trial. He did not leave the 
province, but esta1)lished himself on the Cape Fear, at 
Governor's Creek, five miles below Brunswick, where he 
remained until 1728. Yet he vv^as quiet. Edmund Porter, 
who had recently returned to Carolina after an absence of 
some ten years, was almost as violent toward the officers 
as the deposed governor had been, and there was generally 
in progress a sharp controversy between some private per- 
son and either the governor or the chief justice or the 
attorney-general, apparently of a personal nature ; but in 
the course of the proceedings they were made to bear the 
character of sedition and rebellion. In this remote and 
sparsely settled country doubtless the officers frequently 
acted arbitrarily, while occasionally some citizen, not suffi- 
ciently respecting the government, manifested a spirit .of 
excessive freedom and independence and was guilty of dis- 
orderly offences. 



Personal 
contro- 
versies 



2i6 BURRINGTON AND EVERARD, 1724-31 

1728 The dividing line 

c. R, II, After years of delay, in 1728 the dividing line between 

Virginia and Carolina was established. Governor Eden and 
Governor Spotswood had agreed on a compromise of the 
vexed questions involved, which had been accepted by the 
authorities in England, but the king delayed authorizing 
the actual survey to be made, so the matter lay in abeyance 
until, in 1727, the governor of Virginia informed Sir Rich- 
ard that he had received instructions to appoint surveyors 
on the part of the Grown. The line was to run from the 
north shore of Currituck Inlet due west to the Chowan ; if it 
struck the Chowan between the mouths of Nottoway and 
Wiccons Creek it was to continue west to the mountains. 
But if it struck to the south of Wiccons Creek it was to 
follow the Chowan to that creek and then due west ; and 
if that line struck the Blackwatcr River to the northward 
of Nottoway River it was to come down the Blackwater 
to the Nottoway and then west to the mountains. On the 
part of North Carolina, Christopher Gale, John Smith, 
Edward Moseley, and William Little were appointed the 
commissioners, and William Byrd, Richard Fitzwilliam, and 
W. Dandridge were to act for Virginia, representing the 

1728 interest of the Crown. On March 7th a cedar post was fixed 

on the seashore as the beginning of the line. Four days 
later they struck the land "formerly belonging to Governor 
Gibbs," now to Mr. Bladen, one of the Lords of Trade, 
which was found to lie in North Carolina. The line cut the 
Blackwatcr above the mouth of the Nottoway, and so the 
surveyors followed the stream down to the point, the report 
saying that the former Virginia commissioners had been 
in error twenty-one and one-half miles. So there were 
thrown into Carolina a great quantity of land and many 
families that had formerly been claimed by Virginia, com- 
puted at a hundred thousand acres of land and three hun- 

Swann drcd titliablcs. It is also noted that when the surveyors 

passes the ... 

Dismal struck Dismal Swamp the Virginia surveyors went around 

C.R.. i'i,75s it, but the North Carolina surveyors boldly essayed the 

attempt and passed through it. The first one to come out 

on the west side was young Sam Swann, a nephew of 

Moseley, whose vigor, energy and learning subsequently 



THE KING PURCHASES CAROLINA 217 

led to his taking a prominent part in the affairs of the '728 

colony. On April 5th the commissioners suspended the 
work, which was resumed on September 25th, and a week 
later the Roanoke was reached. 

On October 6th, when Hycootte Creek was reached, one c.r., 11,776 
hundred and sixty-eight miles from the inlet and forty-five 
miles west of the Roanoke River, the North Carolina com- 
missioners resolved that they had gone far enough for the 
present, it being fifty miles beyond any inhabitants. The c. r., ii, 
Virginia surveyors, however, preferred going on, and ran '^ 
the line about seventy-two miles farther west, being alto- 
gether a distance of two hundred and forty-one miles from 
the sea, reaching the hills of the present county of Stokes. 

Purchase by the Crown 

There had been some movement looking to the purchase 
of the Carolinas by the Crown, which perhaps was inter- 
rupted by the sudden death of the king in 1727, but in 
January, I72<S, a number of the Lords Proprietors united 
in a memorial offering to surrender their interests ; and an 
agreement for the surrender being reached, an act of Par- 
liament was prepared authorizing and establishing the agree- 
ment, and the conveyance was made. At that time the eight 
shares were held and owned by the following Proprietors : 
That of Clarendon by James Bertie ; that of Albemarle bv ?.;^v ".^'33 

■^ -^ - 1 he last 

the Duke of Beaufort ; that of Craven by Lord Craven ; that Proprietors 

of Colleton by Sir John Colleton ; that of Carteret by Lord 

John Carteret ; that of x\shley by a minor, John Cotton ; 

that of Sir John Berkeley by Joseph Blake, and that of 

Sir William Berkeley by Mary Dawson, widow of John 

Dawson, or Elizabeth Moore or Henry Bertie, there being a 

legal controversy to determine their rights. 

All joined in the conveyance except Lord John Carteret, 
who was at that time lieutenant-general and governor of 
the Kingdom of Ireland, and his share was reserved to him. 

By the agreement, each of the seven shares was to be Saiecom- 
purchased at the price of £2,500, being £17,500 in all; and june,'^i729 
the payment was to be made and the conveyance executed 
in June, 1729. There was, however, a considerable amount 



2l8 



BURRINGTON AND EVERARD, 1724-31 



1728 

Carteret 

retains 
his share 



Everard 
breaks with 
Gale 



C. R., Ill, 2 



C. R., Ill, 5 



The Lords 
of Trade 



C. R., 111,63 



The 

cuirencv act 
C. R., Ill, 
M3 



of quit rents clue to the Proprietors, and to satisfy their 
claim for rents the king allowed them an additional sum 
of £5,000. 

Notice of the proposed sale was, in December, 1728, con- 
veyed to the governor and council, and the council addressed 
a memorial to the king manifesting their happiness in the 
transfer of the province to the protection of the Crown, 
and then they continued : "That it was with the greatest 
sorrow that they felt obliged to make remonstrance against 
the character of Sir Richard Everard, whose incapacity, 
weakness, disregard of law, wickedness, and violence" they 
proceeded to set out with great particularity. 

On the other hand, some three weeks later Sir Richard 
published a declaration to convince mankind, and in par- 
ticular the inhabitants of the province, that all the unhappy 
misunderstandings and dissensions between him and the 
Assembly and other gentlemen of good note were owing to 
the calumnies and false information given him by Chief 
Justice Gale, John Lovick and William Little, who he de- 
clared were the only enemies to the repose and quiet of the 
people. 

Burrington appears to have been at that time at his 
plantation on the Cape Fear, but he soon departed for Lon- 
don. There, in August, he had the satisfaction of presenting 
to the authorities this declaration of Sir Richard's, which 
was a tardy vindication of his own character from the former 
representations of both Gale and the governor. The Board 
of Trade, to whom was committed the affairs of the colony, 
now had before them the statement of the council reflecting 
on Everard and the proclamation of Everard denouncing 
Gale and Little ; while another paper was received by them, 
ostensibly the remonstrance of the inhabitants of North 
Carolina against the appointment of Burrington as gov- 
ernor. In the meanwhile, the administration of the province 
was not interfered with, and Everard, Gale and their associ- 
ates remained in undisturbed possession of their respective 
offices. 

After the execution of the deed transferring the province, 
and probably with information of it, but before official noti- 
fication, at its session of 1729 the Assembly passed a very 



THE CURRENCY ACT 219 

important act relating to the currency, making Sir Richard a ^ 

present of £500 in consideration of his assenting to it. 

Dr. Hawks, with a copy of the act before him, says that it 

was passed in 1727, and was to go into effect in 1728; biit 

in that he was mistaken : perhaps such a bill was prepared 

for the Assembly of 1727, and the copy he saw was a bill 

drawn up two years before it was enacted into a law. 

By that act five commissioners were appointed to prepare The 
and issue bills to the amount of £40,000. One-fourth was to act 
be delivered to the treasurer to redeem the old bills, which 
if not redeemed were to become valueless within a fixed 
time. A treasurer was appointed for each precinct, and the 
residue of the bills was to be apportioned among the pre- 
cincts according to their several needs and lent out by the 
precinct treasurers to citizens on mortgages of unencumbered 1729 
real estate of twice the value of the loan. The loans were 
to be repaid in fifteen years, one-fifteenth and the interest 
being paid each year, the rate of interest being 6^4 P*^'' cent. 
The loan feature of the act had been in use in South Caro- 
lina and in other colonies and had proved a beneficent gov- 
ernmental operation, and doubtless was of much advantage 
to the people of North Carolina. While it was provided that 
twenty shillings of the bills were to be held as being worth 
fifteen pennyworth of silver as current' in Virginia, yet as 
they might alter in value, it was provided that each suc- 
ceeding legislature should periodically revise this arrange- 
ment and declare the value in silver of twenty shillings 
in bills according to the then situation. Contracts specifi- 
cally made to be paid in sterling money or in gold and 
silver were not at all affected by this act. 

This law took effect, and there being about £10,000 of the 
former issue of bills outstanding, they were retired ; and the 
currency of the province was this new paper money when 
the king's officers came into authority, and so continued for 
many years, for although the validity of the act was ques- 
tioned, it was never repealed. 

The end of the proprietary government had now come. End of 
and with it passed away the distinctive features of admin- government 
istration founded on the Fundamental Constitutions. Until 
then the office of Palatiilfe had survived, and landgraves and 



220 



I72Q 



Influence 
of the 
tr.insfer 



BURRINGTON AND EVERARD, 1724-31 



caciques — the orders of Carolina nobility. With the end of 
the proprietary system these all necessarily fell. But other 
than that the transfer to the Crown worked but little change 
in the general system of government. 

For two-thirds of a century the colony had been under 
the general management of the Proprietors ; but left largely 
to itself, it had developed on its own lines. The grant to 
Charles's courtiers of an immense territory in the wilds 
of an unsettled continent could not have been expected to 
bring them speedy fortune. It entailed some considerable 
outlay at first, and the development being slow, no riches 
had been amassed at the expense of the settlers. Still, one- 
eighth of Carolina was a noble patrimony, and had the Pro- 
prietors been able to retain their shares for another gen- 
eration, and had acceptable agents to represent their inter- 
ests after population had thickened, they would have en- 
joyed a princely inheritance. 



Growth 
slow 



Education 



Conditions in North Carolina 

Naturally the growth of North Carolina had been par- 
ticularly slow. The situation was much less favorable than 
in the settlements to the north, or even in South Carolina. 
To the first plantations, situated on Albemarle Sound, access 
was difficult and dangerous. Roanoke Inlet was not only 
shallow, but beset with treacherous and shifting shoals ; and 
Ocracoke, though bolder, was not well known, while the 
storms of Hatteras were a perpetual menace to adventurous 
merchantmen. The absence of a good port and harbor 
tended to stifle the growth of the colony, while more favored 
and attractive localities drew elsewhere the enterprising emi- 
grants from Europe who sought new homes in America. 

Life was easy and pleasant, but the population was so 
sparsely seated that social advantages and the benefits that 
attend the gathering together of many families into a com- 
pact community were deplorably lacking. There were no 
public schools. There were doubtless some schools and also 
some tutors employed on the plantations, but no academies 
for the improvement of the young had been established in 
the colony. But notwithstanding the absence of schools, edu- 
cation was not entirely neglected. A will of that period con- 



EDUCATION IN THE PROVINCE 221 

tains this direction : "I will that my slaves be kept at work IJ^ 

on my lands, that my estate may be managed to the best 
advantage, so as my sons may have as liberal an education 
as the profits thereof will afford. And in their education I 
pray my executors to observe this method : Let them be off^l^ecT'"' 
taught to read and write, and be introduced into the prac- ^^^'^ 
tical part of arithmetic, not too hastily hurrying them to 
Latin or grammar ; but after they are pretty well versed 
in these, let them be taught Latin and Greek. I propose 
this may be done in Virginia, after which let them learn 
French. Perhaps some Frenchman at Santee will under- 
take this. When they are arrived to years of discretion let 
them study the mathematics. I will that my daughter be 
taught to write and read and some feminine accomplish- 
ment which may render her agreeable, and that she be not 
kept ignorant as to what appertains to a good housewife in 
the management of household affairs." 

There was but little organized religion among the inhab- Few 
itants, except alone the Society of Friends. Efforts to build """'^^^'■^ 
churches and engage pastors of the established Church of 
England had not been effective. There was generally a 
missionary or two in the vicinity of Edenton, but sometimes 
not one was resident in the whole province. An effort had 
been made to found a library at Bath, and Edward Moseley, 
whose liberal views had thrown him on the side of the 
Quakers in what was known as the "troublesome time" of Libmnes, 
1708 to 171 1, and who was ever among the foremost in •' '^3 
patriotic works, had presented a well-selected library to be 
kept at Edenton, setting an excellent example of practical 
philanthropy, which, however, neither Pollock nor Eden nor 
Gale nor any of his wealthy antagonists was inclined to 
follow. 

Dr. Brickell, writing in 1731, says: "The want of Protes- Denomina- 
tant clergy is generally supplied by some schoolmaster, who 
reads the liturgy and then a sermon. Next to the Quakers 
the Presbyterians are the most numerous. They have had 
a minister of their own for many years, chiefly along the 
Neuse" ; while still earlier there had been some independent 
preachers, who claimed neither holy orders nor affiliation 



222 



BURRINGTON AND EVERARD, 1724-31 



I72q 



The 

Haptists 
N. C. Bapt. 
HLst. Papers 



C. R., Ill, 
48 



Industries 



C.R., 11,241 



Populatinn 
C. R., Ill, 
433 



Social 
conditions 



with any organized church. Mostly around Bath clustered 
the Roman Catholics, who had a clergyman of their own. 

The first Baptist congregation was organized about the 
time when the proprietary rule was drawing to its close. "In 
1727 the Baptists organized a single church, now known 
as Shiloh, in Camden County." Two years later Everard, 
writing to the Bishop of London, said that when he first 
came over, in 1725, there were no dissenters except Quakers 
in the government ; but now Paul Palmer, the Baj^tist 
teacher, had gained hundreds ; and he asserted that the 
Quakers and Baptists were then flourishing among the 
North Carolinians. He mentions that there was at tliat 
time not a single clergyman in the province, meaning of the 
Church of England, while the Quakers and Baptists were 
very busy making proselytes and holding meetings daily in 
every part of the government. There was no ground for 
any friction among the people on the score of religious 
dififerences.* 

The industries were very limited. Besides farm work, 
there was some shipbuilding, for early in the settlement a 
colony from the Bermudas had begun that as an occupation, 
and it had been continued without interruption. Mention 
was made of a young man being brought from Virginia to 
be apprenticed in Albemarle to learn the shipbuilding trade, 
and Matthew Rowan came from Ireland to build a ship or 
two for some persons in Dublin. The building of ships was 
one of the established industries of the colony. 

In the whole province there were in 1729 about 30,000 
inhabitants; for four years later, in 1733, allowing for about 
1000 immigrants coming in subsequent to his own arrival. 
Governor Burrington estimated the whites at 30,000, the 
negroes at 6000 and the Indians at 800. 

With such a small population, many very poor and ex- 
pending their energies in clearing fields and in building 
cabins for temporary abode, each family measurably depen- 
dent on its own labor and resources, as hired help must 
necessarily have been scarce, there could be but little expec- 
tation of those social conditions that are developed in a 

*In 1729 an act was passed that apparently gave to the freeholders 
in each parish the right of electing the vestrymen. 



SOCIAL CONDITIONS 223 

long-settled and concentrated community. But the colony ^^ 

was on the eve of a fuller development at the very time that 
the Proprietors conveyed their interest to the Crown. The 
opening of the Cape Fear River to settlement, giving a very 
fair port to the colony, was followed by a considerable 
immigration to that section, which soon became of greater 
importance commercially and industrially than the more 
northern portion of the province. 

Dr. Brickell, in his "Natural Historv of North Carolina," „., 

. . . ' ' 1 he 

written about 1731, mentions incidentally that New Bern Indians 
"has but few houses or inhabitants; Hancock Town, on the 
northwest branch of Neuse River, about two hundred miles 
from its mouth, formerly an Indian town, and where they 
had a fort in time of war ; Beaufort is small and thinly in- 
habited ; Brunswick has a great trade, a number of mer- 
chants and rich planters." Of the Indians he gives some 
account. Those that lived near the settlement numbered not 
over fifteen hundred or sixteen hundred, including women 
and children. There were three kings — King Blount, King 
Durant, King Highter. "They pay tribute once or twice a 
year. The women make the corn, the men hunt. They live 
in wigwams, except the civilized kings, who have houses. 
The Indians, being of several nations, have different cus- 
toms. Some are civilized and are very serviceable to the 
planters, hunt and fowl for them, make weirs, assist in plant- 
ing corn, etc. Many also speak English. There was formerly 
a nation called the Pasquotanks, who kept cattle and made 
butter, but at present none have cattle." He mentions that 
there were "'no Muchapungoes or Coranines to be met with 
at this day, 1731. The Saponas live on the west branch of 
the Cape Fear ; the Toteros are neighbors to them ; the 
Keyawees live on a branch of the Cape Fear that lies to the 
northwest." He also states that "the Indians have a great 
aversion to the negroes, and kill them when they find them in 
the woods." He made an extended journey to the western 
part of North Carolina on an embassy to the Indians inhabit- 
ing there. Two or three years later Burrington mentioned 
that the smaller tribes, who had resided near the settlements, 
had entirely disappeared. 



THE FOURTH EPOCH— 1729-65 

NORTH CAROLINA AS A ROYAL PROVINCE 



20,25 



CHAPTER XVIII 
Burrington's Second Administration, 1731-34 

The Board of Trade. — The seal. — Evcrard's enemies. — Burrington 
appointed governor. — The province during the interim. — Burrington 
arrives. — Opposition to the royal instructions. — The first royal 
Assembly. — blatters of controversy. — Currency act declared void. — 
The quit rents.— Fees of officers. — The Assembly affronted. — The 
basis of political action. — Burrington's instructions. — He dispenses 
with the Assembly. — Appoints new councillors. — Schoolmasters.- — ■ 
The general court. — The governor erects new precincts. — His 
action disregarded. — New contiicts. — Burrington's arbitrary conduct. 
— He is removed. — The second Assembly. — Chief Justice Little 
arraigned. — The governor addresses the house. — The third 
Assembly.— Burrington attempts to vindicate himself. — He rules 
without council or Assembly. — The difficulties of the situation. — 
Altered patents. — His opmion of the people.— Controversial docu- 
ments. — His progressive action. — Dividing line between the Caro- 
linas. — Landgrave Smith's grant. — Questions settled and unsettled. — 
The province grows. — Religious conditions. — The last Assembly to 
meet Burrington. — No act passed during his administration. 

The Board of Trade 

1!^ South Carolina had been a royal province several years 

when, upon the transfer of seven of the proprietary shares 
of Carolina to the king, the administration of public afifairs 
in North Carolina was likewise assumed by the Crown. The 
management of the province now fell to the care of the 
commissioners for trade and plantations, a board of the 
Privy Council restored, after a lapse of twenty years, in 
1696, and at this time composed of the Earl of Westmore- 

2;^;'"^' land, P. Dominique, Thomas Pelham, Edward Ashe, Martin 
Bladen, W. Cary, Sir Oliver Bridgman, and Sir Thomas 
Frankland. To this board was committed the determina- 
tion of all administrative questions relating to the colonies, 



EVERARD FAILS OF REAPPOINTMENT 225 

the governors being appointed on its recommendation by ^ 

the king and council, and the chief officers, although desig- 
nated by it, also being commissioned by the Crown. 

The original seal of the county of Albemarle had been The seal 
continued in use as the seal of North Carolina, while the yg, u, ' 
Lords Proprietors had the great seal of their province of 
Carolina at London. This seal, adopted shortly after the 
royal grant was made, bore on one side of it a scroll, on 
which were sketched two well-filled cornucopias supported 
by two Indians, together with legends and heraldic orna- 
mentation. Upon the transfer of dominion to the Crown, 
a new seal becoming necessary, the commissioners adopted 
one similar to that of the Lords Proprietors ; the two figures 
and the cornucopias were preserved, but now the devices 
represented Liberty presenting Plenty to the king; and this 
seal, with some slight alterations, has continued to be the 
great seal of the State of North Carolina. 

Notwithstanding the sale, Sir Richard Everard might Everard's 
have been retained as governor; but if there was a dis- c^^R.nii.s 
position to continue him in the administration his enemies 
succeeded in rendering it impossible. The contest between 
them was a l)itter one. Everard, perhaps in view of the 
change, had broken with Gale and his son-in-law, William 
Little, and throwing himself into the arms of the popular 
party, had ascribed all of his delinquencies to the bad advice 
of those men, his former friends, whom he now denounced 
in unmeasured terms. They, on the other hand, hastened to 
make representations and prefer charges against him that i.^^^j'/^'^' 
destroyed the possibility of his retention. They alleged 
that he was a party to frauds in the issuing of land grants 
to the disadvantage of the king ; that he was arbitrary, tyran- 
nical and violent in his conduct ; and, moreover, that he 
was disaffected toward the reigning house — that he had 
hailed the death of George I in 1727 with joy. declaring, 
"Now farewell to the house of Hanover"; and especially 
that he had been concerned in the Preston rebellion, the 
rising at Preston in favor of the Pretender in 171 5. Before 
this last allegation was made public in the colony, Edmond 
Porter, who had returned to North Carolina in 1725 and 
was now judge of admiralty, was industrious in befriending 



226 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 

U^ Everard ; and particularly he represented to the Secretary 

of State, the Duke of Newcastle, that Everard, upon learn- 
ing of the purchase by the Crown, had given written orders 
that no more patents for land should be issued until new 

C R III » . 

18, 49" ' instructions should be received ; but that Lovick, the secre- 
tary, and Moseley, the surveyor, were disobedient and had 
utterly disregarded the governor's positive orders. But 
Porter himself had been accused of having participated in 
the same rising, after he had fled from Albemarle on the 
suppression of Gary's adherents, and when this charge was 
made against the governor Porter quickly withdrew his 
support. Indeed, as soon as Everard's loyalty was called 
in question every friend fell away from him, and the charge 
proved fatal to his hopes. 

Burrington appointed governor 

Burrington, who had continued to reside on his Cape 
Fear plantations, now hastened to England to press his own 
claim ; and with all the documents with him, he was able 
to clear himself of the defamatory allegations Gale and his 
party had formerly made against him, and he succeeded 

c. R., Ill, jj^ securing the prize. In the fall of 1729 it was decided 
that he should be appointed governor, and the next Jan- 
uary his commission was signed ; but his instructions were 
not finally prepared until December, 1730, when he took his 
departure for Carolina. 

c. R., in, Being directed to recommend officers, he desired that the 
following persons should be of his council : James Jenoure, 
surveyor ; Robert Halton, Edmond Porter, John Baptista 
Ashe, Eleazar Allen, Matthew Rowan, Cornelius Harnett, 
and John Porter; also James Stallard and Richard Evans, 

'"° who, however, never came to Carolina. Burrington would 

make no recommendation for chief justice and secretary, 
leaving their selection to Colonel Bladen, who designated 
for chief justice William Smith", a young barrister of Lon- 
don ; and for secretary, Nathaniel Rice, his own son-in-law ; 
while John Montgomery was later appointed attorney- 
general. 

province Whcu information was received in the colony of the pur- 

huerim'''^ chasc by the Crown, in the absence of particular directions, 



BURRINGTON ARRIVES ^ 227 

there was some cessation of the exercise of governmental ^729 

functions. The legislature held its session as usual in 
November, 1729, and with Everard's assent passed several c.r., iii, 
acts, particularly one for the issue of £40,000 of paper cur- '^^ 
rency ; and presently there was unusual activity in locating 
blank patents, which had long since been issued, and some 
of them without the payment of any purchase money. But 
the chief justice ceased to hold courts and the members of the 
council did not attend the governor when he called a meet- 
ing of the board. So it happened that for two years previous 
to Burrington's return no general court was held, nor any 
Assembly for eighteen months, while some of the precinct 142 ^" ' 
courts had likewise suspended their sessions, and there 
was a general arrest of the operations of government. The 
condition was one tending to anarchy, but the people were 
busy and there were no riots nor serious disturbances. Still 
it was desirable to re-establish at once the regular and 
orderly administration of justice and to have the Assembly 
convene to meet the new governor and recognize the changes 
produced by the purchase and prescribed in his instructions. 

On reaching Edenton toward the end of February, Bur- J/v^;^ ^^^ 
rington, together with several of his new councillors, took q"^",,, 
the oaths of office and immediately issued writs for the 1341 142 
election by the freeholders of an Assembly, which was called 
to meet on April 13th, and ordered a general court to be 
held at Edenton on April ist. When the court met the 
grand jurors for the entire province made a loyal address 
to his Majesty the king, reciting that as it was the first court 
held since the purchase, they took the earliest opportunity 
to express their devotion to his Majesty; and then they 
thanked the king for the appointment of Burrington as their 
governor. 

It is to be observed that neither Moore, Moseley nor Swann Opposition 
had any share in the administration. It is said that Bur- royal 
rington had quarrelled with Moore about the location of his 
patent for five thousand acres of land, he proposing to locate 
it on the rich lime lands at Rocky Point on the northwest 
branch of the Cape Fear; but Moore had preceded him 
and had taken up those lands himself, so that Burrington, 
disappointed and angry, was obliged to content himself with 



instructions 



228 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 

^ lands at Sta£j Park, several miles higher up that river. This, 

together with other causes of difference, led to personal 
antagonism between Burrington and Moore's connections ; 
but there was no opposition manifested to him immediately 
on his arrival. Doubtless the leading inhabitants felt a keen 
interest in the changes that would probably attend the pur- 
chase by the king, and they waited developments with 
anxiety. Just before the Assembly was to convene, in April, 
Ashe arrived at Edenton from the Cape Fear to attend the 
council, and the tenor of Burrington's instructions became 
known. Until then all had been agreeable at the council 
board ; but Ashe immediately began to oppose the governor, 
and endeavored by "false reasoning and fallacious argument" 

c R., Ill, ^Q impose upon the judgment of the other councillors. Un- 
successful at first, he soon gained the chief justice and 
Edmond Porter to join him. And after the Assembly met, it 
was not long before the members of that body were also 
earnestly co-operating with him. 

The first royal Assembly 

Moseley was the speaker. The governor at the opening 
of the session presented a written address, for the kind 
terms of which the Assembly resolved to return him thanks ; 
and then they began the consideration of the matters called 
to their attention in the address. Among these recommen- 
dations was one to appoint an agent to look after the affairs 
of the province in England, which later was acted on by a 
subsequent Assembly, and this channel of communication 

fi ^^'e"' with the authorities at London eventually became highly im- 
portant ; another was to prevent the depreciation of paper 
currency, and still another to establish a new town on the 
Cape Fear, and to appoint commissioners for that purpose. 
This last proposition ignored the town of Brunswick, which 
Moore had laid out in 1725, and which had become a mart 
of commerce and had been made two years before the seat 
of government for New Hanover Precinct ; and it was a 
direct blow aimed by Burrington at Moore's interests. 

Matters of Thrcc days later Speaker Moseley and some other leading 

controversy . , , .11 iii 

c. R., Ill, members of the house waited on the governor and asked 
' ^^' him if he would not ratify the currency act and some other 



BURRINGTON OPPOSES THE ASSEMBLY 229 

laws whose validity was in doubt, as they had been assented ^ 

to by Governor Everard after the news had been received of 
the purchase by the Crown. This Burrington not only re- 
fused to do, but he declared the currency act was a nullity ; 
and to show that he disregarded it he appointed William 
Smith, the new chief justice, treasurer of the province in the 
room of Edward Moseley, who was appointed treasurer in 
that act. This the Assembly resented, and it hotly repre- 
sented that the province already had a treasurer with whose 
ability and integrity they were very well satisfied; and who, 
having been appointed in an act of Assembly by the governor, 
council and Assembly, could not be removed but by the like 
power. The governor, a majority of the council adhering 
to him, replied that Moseley was indeed a person of sufficient 
ability, "and we heartily wish that his integrity was equal 
to it"; and as to his appointment they said "the act of 1729, 
by which he was appointed, is void," that being the act 
under which all the paper money then current in the province 
had been issued. This attack on the speaker, involving also c. r., hi, 
the validity of the currency, led to a declaration by the '' '^°^ 
Assembly that Moseley 's "integrity was ecjual to his abili- 
ties," and that the act of 1729 was not void; and even if 
it should be disallowed by the king, Moseley's appointment 
was also under previous acts, whose validity was unques- 
tioned. 

In Burrington's instructions reference was made to the ^cTcfedared 
large amounts of quit rents that were many years in arrears ''"''^ 
in Carolina at the time of the purchase, and the king offered 
to remit those arrearages if the Assembly, in an act on that 
subject, would require all grants to be recorded in the office 
of the receiver or auditor, so that a perfect rent roll could 
be made out, and would further require the payment of 
rents to be in proclamation money, and that fees should be 
paid in proclamation money also — that is, in current specie 
of foreign coinage the value of which was ascertained and 
fixed in sterling money by proclamation of the Crown. 

Referring to this offer, the Assembly informed the gov- Quit rents 
ernor that while the rents were largely in arrears in South 
Carolina, they had been regularly paid in this province, and 
that the king's offer was of no interest to the inhabitants 



C. R., Ill, 

294 



230 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 

^ of North Carolina ; yet it passed a bill requiring all future 

grants to be recorded in the receiver's office, and offered 
to pay the quit rents in tobacco or other products or in bills 
at some small discount; but the Assembly would not agree 
to make payment in specie at all. The governor insisted 
that the rents were payable in sterling money, and that he 
and his council were authorized to regulate the fees, 
offiwrl These fees had, by an act of Assembly, for twenty years 

c. R., in, been payable in paper currency at its face value, but the 
governor, basing his action on his alleged instructions, had 
already ordered that the officers should not be required 
to receive the bills unless at the rate of four for one, a change 
that increased the fees fourfold. To this matter the Assembly 
now adverted, declaring the practice of exacting "four for 
one" illegal and an extortion, and asked the governor to 
issue a proclamation forbidding it. 

Burrington was a man of very strong characteristics, 
doing nothing by halves. He was vain, proud, arbitrary 
and violent, intemperate in his conduct, and entirely self- 
reliant. Indifferent to others, when aroused he worked his 
will with passion, and, heedless of consequences, struck his 
*^oo^" ^^^' opponents with a strong hand. He himself had authorized 
this practice which the house characterized as extortion ; 
and full of indignation, he sent a message to the house: 
"For my own part, I cannot refrain from telling you that 
whoever the person was who formed the said paper of com- 
plaint, I compare him to a thief that hides himself in a 
house to rob it, and, fearing to be discovered, fires the house 
c R III '^^^^ makes his escape in the smoke." Thereupon the house 
265 replied that "the complaint was the unanimous voice of the 

whole house, no member dissenting, and that they regarded 
that such treatment of any member was a great indignity and 
contempt put upon the whole house, and a breach of 
privilege." 

And now the breach between the governor and the 
assembly was beyond healing; he had not only insulted the 
speaker, but had affronted the house. Whatever chance 
there had been to lead the Assembly to observe his instruc- 
tions had been destroyed by his ill-temper, and his oppo- 
nents had triumphed. Divergence of views might have been 



POSITION OF PROVINCE ON THE TRANSFER 2y 

expected, but mere differences might to some extent have ^^ 

been reconciled by a concihatory poHcy, while now adjust- 
ment had become impracticable. 

The position of the leading men in the province was sub- The basis of 
stantially that the purchase by the king of the proprietary actio" 
shares carried with it only the rights of the several Pro- 
prietors and worked neither alteration in the constitution 
of the province nor in the rights and powers which the 
people and the Assembly had immemorially enjoyed, and 
the house was resolved to maintain its privileges. Still c. r., hi, 
there was an inclination, in so far as it might be proposed, 
to put the Assembly on the footing of Parliament, and to 
concur in changes tending to that end. But Burrington c.''r!,7ii, 
could not brook opposition, and at length, on May 17th, 324 
after a stormy session of five weeks, during which no bill 
carrying out any of the governor's instructions was passed, 
he wearied of the contest and prorogued the Assembly until ■ 
September. Thus ended the first session, with Burrington 
baffled and the opponents of any constitutional changes 
brought somewhat into harmonious action. At the first, 
the situation being novel and the ground untried, the leaders 
in the council as well as in the house had to feel their way 
antl carefully weld their associates into an organized oppo- 
sition ; but before the house separated they had reached 
safe ground, and the position of the leaders came to be well 
understood and sustained by the people. 

Burrington's instructions 

Among Burrington's instructions was one limiting suf- c. r., hi, 
frage to freeholders, whereas before all freemen could vote. 
Another was that in all acts for levying money express 
mention should be made that the money was granted to the 
king ; and no money was to be levied which was not liable 
to be accounted for to the king. Others were that all officers 
were to be appointed by the governor and council, and 
this the governor held to embrace the treasurer; that all 
quit rents and fees should be paid in proclamation money ; 
that the governor should not assent to any bill providing 
for the issue of paper currency unless it contained a clause 
declaring that it should not take effect until approved by 



g3, 100, 103 



232 BURRfXGTON'S SECOND ADMINISTRATION, 1731-34 

H^ the king ; and that no pubhc money should be disposed of 

except by the governor's warrant approved by the council, 
the right of the Assembly to direct payment without the 
governor's consent being denied. 

There were other instructions relating to the quantity 
of land that might be taken up and to the payment of 
quit rents, at variance with the Great Deed of grant ; and 
that old instrument, which had been authenticated by Gov- 
ernor Archdale in 1695 •^^'^^^ then recorded, and wdiich had 
been delivered to Richard Sanderson for safe keeping, was 
produced in the house and committed for preservation to 
the care of the speaker ; and a direction was made that it 
should be formally brought to the attention of his Majesty 
the king, with the hope that he would not disregard it. 

School- Among other instructions that, however, were not ger- 

masters •-' _ ; . 

mane to the antagonisms then raised was one in regard to 
schoolmasters : "And we do further direct that no school- 
master be henceforth permitted to come from this kingdom 
and to keep school in that our said province without the 
license of our Lord Bishop of London, and that no other 
person now there, or that shall come from other parts, shall 
be admitted to keep school in North Carolina without your 

c. R., in. license first obtained." And another, that touched the king's 
116 _ ' o 

private purse, was for the particular benefit and advantage 
of the Royal African Company, "who were to bring in a 
constant and sufificient supply of merchantable negroes at 
moderate rates." 

To hold the general court in April the governor had ap- 
pointed three assistants to sit with the chief justice, as had 
been the custom in proprietary times, and when the Assembly 
was considering a court bill requiring that a general court 
C.R., III, should be held four times a vear in each of the counties, 
2 ,,^io, ,22 ^pp^j.gj-,|.|y there being a proposition to erect a third county, 
inquiry was made by the house as to the judicial power of 
these assistants, and the governor and council replied that 
c.^R., Ill, i^i^gy j-|^(^ j-^Q judicial power whatever; but a few days later 
the governor changed his opinion and held that they had 
an equal voice in determining all questions with the chief 
justice, a position that seemed at variance with the powers 
and rights conferred in the commission of the chief justice, 



The 
genera 



BURRINGTON DISMISSES THE ASSEMBLY 233 

signed by the king himself, and which was so derogatory to ^12 

the authority and station of the chief justice that Smith 
regarded it as a personal afifront, and three days after the 
Assembly was prorogued he resigned his seat in the council, c. r., hi, 
and a bitter feud sprang up between him and the governor. ''^'^ 
A few days later, after conferences with the leading mem- 
bers of the Assembly, in which he undertook to represent 
their grievances to the Crown, he left for England, declaring 
that he was going to have Burrington displaced ; and, be- 
cause of his absence, John Palin was appointed chief justice 
by the governor and council, the councillors present being 
only John Lovick and Edmond Gale, Avhom the governor 
appointed that day for this special purpose. 

Burrington dispenses with the Assembly 

In November, an election having been held under the 173' 
biennial act in September, a new Assembly met at Eden- 
ton, but the governor at once prorogued it to meet in March, c. r., hi, 
saying that he had made representations to his Majesty ^" 
about the obstructive conduct of the last Assembly, and had 
asked for further instructions, and until they were received 
lie himself would take care that the business of the province 
was transacted. 

When he realized that his old friends were alienated and Appoints 
that he could not control even the majority of those coun- councillors 
cillors who were in the province, Burrington cast about to 
strengthen himself by attaching the other faction to him. 
In July he called a council at Edenton, which because of Ju'y. '731 
the distance from the Cape Fear was attended only by Sur- 
veyor-General Jenoure and Edmond Porter, some of the 
other councillors not being in the province. The situation did 
not, according to the terms of his instructions, warrant his 
appointing new councillors ; but he was animated by a pur- 
pose to strengthen himself and to weaken the opposition, 
and with this view, he appointed John Lovick and Edmond 
Gale councillors, persons whom he had previously denounced 
as being utterly unworthy of any public station ; and these 
being facile, he began to oust those councillors who were 
disagreeable to him. 

Beginning with Edmond Porter, who had formerly been 



234 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 



C. R., Ill, 

417, 450 



1731 

c.'r.. Ill, ^^^^ close friend, but who was now not only in the opposition, 

'•'^ but was at bitter enmity with Gale and Little, he heard 

charges brought against him by Little and suspended him 

as judge of admiralty, and turned him out of the council; 

and he appointed Gale to the vacant judicial position. He 

next cited Cornelius Harnett to answer because of a debt 

Harnett and Rev. Mr. Marsden owed to the captain 

of a vessel which had been wrecked, and whose damaged 

c. R., Ill, cargo they had bought ; and he succeeded in forcing Harnett 

^^"^ to resign. \Mth Ashe, who the governor declared "was 

altogether bent on mischief," he had more trouble. Ashe 

would not resign, and a notable conflict ensued between 

them. But for a time Burrington had entrenched himself 

securely in the council and could control the appointment 

to vacancies. 

The governor erects new precincts 

Nov.,1731 The governor and council assuming the power to lay off 

precincts, their authority to do so was strongly contested. 
However, they erected the precinct of Onslow and that 
of Edgecombe, extending from Roanoke River to the north- 
east branch of the Cape Fear; and also, in November, 1732, 
Bladen, although at that time it was said that there were 

May, 1732 not three freeholders nor thirty families in Bladen, and not 
many more in Onslow. That such a power resided in the 
governor and council was denied as being a derogation of 
the rights of the Assembly, and not only a violation of the 
Fundamental Constitutions, which it was asserted had been 
accepted by the people of North Carolina in 1669 and also 
in 1698, but against all the laws and established precedents; 
for though at dift'erent times the governor and council had 

C.R., III, laid off precincts, such as New Hanover, in 1729, yet the 
legislature had afterward passed acts establishing them and 
fixing their representation. 

Not only were those who proposed to maintain the vested 

disregarded rights of the pcoplc antagonistic to this claim of authority 
by the governor and council, but they paid no attention to 
his instructions and proclamations that only freeholders 
should vote for members of the Assembly, and, in utter dis- 



439, 450, 451 



His action 



BURRINGTON'S CONFLICTS CONTINUE 235 

reg-ard of his directions, all freemen were allowed to vote as '732 

formerly. 

Constantly circumstances brought about some new occa- New 
sion for either personal or official conflict between the gov- 
ernor and his adversaries. The chief justice, Smith, had 
already gone to England threatening to obtain his removal, 
and Burrington apprehended that Colonel Bladen was aiding 
and fostering this design with the hope of securing the 
appointment of his own son-in-law. Rice, as his successor. 
About twenty men from South Carolina had settled on the 
Cape Fear, among them three brothers of a noted family 

named Moore, all of the set known as the Goose Creek <^- R' "i. 

338 

faction, "always very troublesome in that government," 
who the governor had been told would expend a great sum 
to get him turned out ; and between them and Moseley on 
the Chowan messengers were constantly passing. How- 
ever, notwithstanding all menaces, he was not terrified, "but 
acted with such resolution and firmness that the province 
was soon put in a quiet condition and has so continued with- 
out any imprisonments or persecutions." Such was Bur- 
rington's declaration a year after his arrival ; but his un- 
wisdom raised him enemies in London, while his arbitrary 
course embittered his opponents in Carolina. Eight months 
after he assumed the government he wrote to the Board of 
Trade that Ashe had intended to go to England to co- c. r., hi, 
operate with Smith for his removal, but as he had not gone 37° 
"Baby Smith will be quite lost, having nothing but a few lies 
to support his cause, unless he can obtain an instructor from 
a gentleman in Hanover Square." The following June the 
Board asked him to explain that reference, and he avowed 
in a rambling letter that it was meant for Colonel Bladen. 
The compliment paid to Colonel Bladen by naming a pre- 
cinct in his honor was hardly sufficient to atone for such 
an indignitv. 

And if in February Burrington could applaud himself Ru^nng- 
for not having resorted "to imprisonment and persecution," arbitrary 
by March his mild behavior had given way to more arbitrary c°V'''iii. 
inclinations. He had issued a direction that no one should ^^^' ^^^' ^°* 
be allowed to practise law unless licensed by himself; and 
doubtless an attorney's oath was exacted of all who applied 



236 BURRIXGTON'S SECOND ADMINISTRATION, 1731-34 



1732 



Moseley 
imprisoned 



Oct., 1732 
C. R., III. 
375076, 378, 
379' 423. 517 



Ashe 
arrested 



for a license. IMoseley had been licensed to practise in 17 14, 
and was a lawyer of twenty years' standing, although in 
late years he had retired from the business. However, in 
March, 1732, he did appear for Edniond Porter; and while 
with his hand on the book to take the oath, the governor in 
a great rage ordered his arrest and threw him into prison, 
presumably for appearing as an attorney without the gov- 
ernor's license. At the next term of the court, in July, 
Moseley hazarded a remark on a legal question to the chief 
justice in court ; whereupon the governor again ordered 
the sheriff to commit him to jail. On habeas corpus before 
the chief justice and full court an order w'as quickly made 
for his release ; but the governor was indignant at the pro- 
ceeding, claiming that the court ought not to release within 
twenty-four hours any one whom he had ordered to prison ; 
and he so abused Palin, the chief justice, whom he himself 
had but recently appointed, that that officer resigned, and 
William Little, Gale's son-in-law, w^as appointed to the 
position ; and all the associate judges resigned and a new 
set was appointed. Palin's resignation, however, did not 
deter the governor from again pressing the court to do duty 
in his behalf. On Old Town Creek, a few miles above 
Brunswick, Ashe had a plantation, while Burrington had one 
on Governor's Creek, lower down. There was a question as 
to the ownership of two mares which Burrington's servants 
had, under his orders, branded with his mark and taken into 
possession. Ashe brought an information before the gen- 
eral court at Edenton and claimed the mares as his property, 
and also claimed the penalty which the law prescribed for 
branding stock belonging to another. Burrington there- 
upon had him arrested for his "scurrilous libel,"' and caused 
the warrant to be returned before himself and Judge Owen, 
who exacted the bond Burrington suggested, being £1,000, 
which Ashe deemed excessive and would not give. On 
habeas corpus before the chief justice, Little refused to 
examine into the cause of the commitment, but the bond was 
reduced one-half, even that being a heavy bond ; and it was 
alleged that these proceedings were contrived to prevent 
Ashe's departure for England, where, at the request of 
many, he was going to secure a redress of grievances. 



BURRINGTON'S SECOND ASSEMBLY 237 

In the meantime representations had been made to the '733 

Board of Trade of Burrington's oppressive and lawless con- c. r., hi, 
duct, and before he had been in office two years his removal 
was determined on, and in March, 1733, Gabriel Johnston 
was commissioned by the king as his successor. 

The second Assembly 

Not realizing that the Board of Trade might be per- juiy, ^-^-^r^ 
suaded to disregard his representations, and conscious of 
his purpose to rule well if not wisely, Burrington did not 
deviate from the course he had marked out for himself with 
reference to those who did not sustain his administration. 
Brave, bold and self-reliant, he was always candid. There 
was in his disposition no element of craft or dissimulation. 
He thought he knew what would best promote the develop- 
ment of the province, and he sought to carry into effect 
his views regardless of opposition. He thought he knew 
what his instructions required of him, and he resolutely 
undertook to obey their tenor. Finding the Assembly at 
points with him about the payment of quit rents and fees, 
he applied for additional instructions, and avowed his pur- 
pose to have no Assembly until those instructions were re- 
ceived. Eventually, toward the end of March, 1733, the 
long delayed answer came to his request, and he at once q r^ ju^ 
ordered an election to be held in May for assemblymen to s^i 
meet in July. When the body convened he explained that 
his new instructions were similar to the first he had re- 
ceived. Moseley was again the speaker, and in his reply 
to the governor's speech he dwelt on the impracticability of 
paving the quit rents in specie, and denied that they were 
payable in sterling money, as now claimed. Originally he Q"'' ■''^"'s 
asserted they were payable in produce, and when paper 
money was issued a law was passed that this paper currency 
should be good for all payments except alone for the pur- 
chase of land, for as to that the Lords Proprietors had 
always exacted specie. The lands in Albemarle were never 
sold, while some in Bath County were granted on quit rents 
alone and others were sold for specie, reserving a much 
lower quit rent in addition to the purchase price ; and the 
house insisted that the Assembly of 1731 had offered to his 



238 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 

U^ Majesty all they could do in regard to the payment of rents. 

As for the disuse of the Assembly, it said there were other 

. matters requiring the attention of the governor than the quit 

rents ; among them not merely exorbitant fees taken by the 

officers, but the perversion of justice by evil and wicked 

officers, especially by Chief Justice Little and his associates 

on the bench. 

?ustke This grave charge against the chief justice at once brought 

Little a reply. Little in a long and caustic letter petitioned the 

arraigned ... , ,, 

c. R., Ill, governor and council that smce they could not try hmi as a 
^ ' court, they would examine into any charges made against 

him and ascertain whether or not he were unfit to be a 
councillor ; for he admitted that if he were guilty of per- 
verting justice he ought to be removed from the council 
board. This paper being communicated to the house, it was 
referred to a committee, and the house temporarily pro- 
ceeded with its other business. There were several new 
points on which quarrels now arose with the governor. The 
c.^R., Ill, house would not recognize the new precincts of Bladen, 
Onslow, and Edgecombe, erected by the governor and coun- 
cil, and would not admit the members elected in them. It 
had some of the officers appointed by the governor arrested 
and brought to its bar for misconduct ; and finally it cited 
several officers, among them the chief justice, before it to 
answer why they had exacted in payment of their fees four 
times the amount in currency which the law had fixed. 
Jovernor ^^ length, ou the fourteenth day of the session, the com- 

addresses mittee OU Little's petition reported that it contained scanda- 

tne house . ' . ^ 

c. R., Ill, lous expressions reflecting on the dignity of the house, and 
he was ordered into custody to answer for affronting the 
house. Matters had now reached a serious pass, and the 
governor intervened to protect his officer. He sent an 
address to the house sustaining Little, assuming that the 
particular charge against him was taking fees at four for 
one, which the governor himself had directed and which 
had been done by Chief Justice Smith prior to Little, and 
who, having just returned from England, had been grate- 
fully thanked by the Assembly for his services abroad. 

This assumption of the governor that the only charge 
against Little was the taking of improper fees led to a fierce 



BURRINGTON'S THIRD ASSEMBLY 239 

arraignment of the judicial action of the chief justice while ^ 

on the bench, and brought forward the governor's own 
conduct in regard to the imprisonment of Ashe and with 
reference to Porter. The governor in his turn gave a loose ^"'^' Yff 
rein to his anger and vehemently defended himself and 608, en 
assailed the house; and then, not a single law having been 
passed, he dissolved the Assembly. 

The third Assembly dissolved 

The regular election for an Assembly was held in Sep- Nov., 1733 
tember, and in November the house met at Edenton ; but 
there was no quorum of councillors to make another house, 
so after waiting several days, the governor had the mem- 
bers to attend him and dissolved the Assembly. But before 
parting with them, however, he read a long paper in vindi- 
cation of his conduct from the aspersions of his enemies. 
In June he had applied for leave to return to England, hav- 
ing doubtless heard that a successor had been appointed to 
his office, and feeling that there was no longer any occasion c. r., iii, 
to fight the battles of a government that did not sustain him. '^" ^^ 
The address he now made was therefore couched in very change of 
different terms from any of his former productions. It was ""* 
a manly, sensible address, and his moderation must have 
disarmed enmity and won him friendly sympathy. It put 
many of the complaints against him in a dififerent light from 
what the circumstances were made to bear when pressed by 
his adversaries ; and it rather sustained his opinion that 
some at least among those whose bitter hostility and antag- 
onism he had aroused "were subtle and crafty to admiration." 

For nearly a year ensuing Burrington conducted public p^t 1734 
afifairs with neither an Assembly nor a council. He himself 627,6^8 
had a long and dangerous illness, some of the council died 
and others left the province. Rice, who at one time when 
Burrington was absent from the province, being the senior 
and ranking member of the council, was sworn in as presi- 
dent of the council, was suspended by the governor on 
his return, because of "villainies," as was also Montgomery, 
another "villain." Halton neglected to attend for two years, 
and Ashe, who died in the fall of 1734, had not attended for 
more than twelve months. Everard also was dead, and so 



240 BURRINGTOX'S SECOXD ADMINISTRATION, 1731-34 

^^ was Chief Justice Little. To succeed Little, Daniel Hanmer 

was appointed, notwithstanding Smith had returned from 
England and was ready to resume the functions of his office. 
At length a collision took place, the final result of which 
produced unexpected consequences. The details of it are 
obscure. Burrington claimed that Smith, Rice, Montgomery 
and some of their confederates attempted to assassinate him 
ag*Lh.^t"his ^y shooting at him with pistols, and that he would have been 
^i'^L ,,, murdered if some courageous men had not come to his 
>65 assistance and rescued him. Bills of indictment were at once 

found against these councillors in Hanmer's court, and they 
fled by night to Virginia, where they continued until Gov- 
ernor Johnston landed in North Carolina. These proceed- 
ings threw the province into new confusion and disorder 
during the last months of Burrington's administration. 

It was Burrington's misfortune to have been the first gov- 
ernor appointed to establisli in the province those changes 
which the Board of Trade deemed necessary upon the pur- 
chase by the Crown. In an attempt to carry out their direc- 
tions any one would have met with embarrassment and been 
confronted with all the opposition that the popular leaders 
could lawfully make ; but more than that, Burrington had 
troubles that another person of a dififerent temperament 
might have avoided. He was embroiled personally with the 
Moores and their kindred, with Moseley, Porter and Swann, 
because of conflicting interests and disputes about land ; and 
many of his personal difficulties grew out of his antagonism 
with those men. 

Without doubt there had been some abuses in regard to 
the issuing of patents and the location of blank warrants. 
For instance, Edmond Porter alleged that Burrington him- 
self in 1725 obtained a warrant issued in 171 1 for six hun- 
dred and forty acres of land in Albemarle, charged with a 
quit rent of two shillings sixpence, and altered it to a Bath 
502 '' ' County purchase warrant for five thousand acres at six- 
pence quit rent, and located it at Burgaw. The grant, which 
is recorded at Beaufort, seems at least in part to sustain 
Porter's assertion, for it is based on a warrant issued in 
171 1, when grants for five thousand acres were not allowed, 
and when no entries were permitted on the Cape Fear at all. 



Altered 
patents 



ll 



BURRINGTON'S OPINION OF THE PEOPLE 241 

Other such warrants, bearing internal evidence of having ^ 

been issued in 1711, located on the Cape Fear, might well 
lead to an erroneous impression that there had been an 
attempted settlement on that river about that time. The 
use of blank patents had been general in all sections of 
Bath County, and any attempt to destroy the validity of 
titles based on them would necessarily lead to violent 
antagonism ; and later Governor Burrington himself suc- 
cessfully argued before the Board of Trade that these grants 
were not to be disturbed. 

As for the various affairs in which Burrington w^as made c. r , iii, 

.617 

to appear at a disadvantage, there were probably two sides 
to most of them — as in his conflict with Ashe about brand- 
ing the mares, which presents quite a different appearance 
when Burrington gives his version of the circumstances. 

His own opinion of the people, expressed in a letter to ""the*""'"" 
the Board of Trade a year after his arrival, was that "the ^^°;g'^iii^ 
inhabitants of North Carolina are not industrious, but subtle 338 
and crafty to admiration ; always behaved insolently to their 
governors ; some they have imprisoned, drove others out of 
the country ; at other times, set up two or three supported 
by men under arms. All the governors that w^ere ever in 
this province lived in fear of the people (except myself) and 
dreaded their assemblies. The people are neither to be 
cajoled, nor outwitted. Whenever a governor attempts any- 
thing by these means he will lose his labor and show his 
ignorance. They never gave the governor any present ex- 
cept Sir Richard Everard. With him they agreed for £500 
in bills to pass the pretended laws in 1729, in the name of 
the Proprietors, when he was shown the act of Parliament 
of the king's purchase. It must be allowed, were these acts 
valid, the assemblymen made a good bargain for the people 
they represented." 

These ideas of the characteristics of the people furnish 
some key to Burrington's conduct. The crafty people seem 
to have withstood him, but he had the resolution not to quail 
before them. There was, indeed, no duplicity in his actions, 
either in his private quarrels or his public controversies ; 
and had it not been for his infirmity of temper, notwith- 
standing the zeal of the popular leaders to prevent unconsti- 



242 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 



1734 



Controver- 
sial d'Cu- 
ments 
C. R., Ill, 

3251356.375. 
450-457 



Biirring- 
ton's 

progressive 
action 



C. R., Ill, 
372, 435 



tutional alterations in their government, his relations with 
them might have been on a more pleasant footing. Still, 
contests must have necessarily arisen, for he candidly 
avowed that the people should be curbed, and he urged a 
repeal of the biennial act, saying that "that act must be 
repealed before the people of this country can be brought 
into a good subjection"; and also the repeal of the act 
appointing treasurers to the precincts, who he claimed had 
the local influence to control the assemblymen ; and the neces- 
sity of taking the power of the purse av^ay from the 
Assembly. 

His position on these subjects alone was quite sufficient 
to array the people strongly against him. As these and 
other such questions involved the constitution of the prov- 
ince, their discussion led to historical research of much 
interest, and the papers written on those subjects not only 
throw much light on the obscure history of the province, 
but are highly creditable to the authors. Particularly note- 
worthy is that of Rice and Ashe on the constitution of the 
province, while those that relate to Moseley and Porter, 
some written by Burrington himself, are often strong and 
full of interest. 

If this first administration of a royal governor was a 
period of violent antagonism, it was also one of patriotic 
fervor, although the personal controversies were so inter- 
mixed with political action that it is difficult to separate 
them. The basis of it all was a resolute purpose on the 
part of the leading inhabitants to preserve the constitutional 
rights of the province ; and the contest then begun continued 
in one shape or another until the connection with the Crown 
was brought to a close by the Revolution of 1776. 

Still, in many respects Burrington's career gives indis- 
putable proof that he sought to promote the progress of 
the province. He made journeys to every part of the inhab- 
ited country, examined the roads, urged the construction of 
bridges, sought to organize the militia on a good footing and 
to raise the standard of the precinct courts ; and he urged 
an extension of the general courts. He explored the har- 
bors and caused charts to be made of Ocracoke, Beaufort, 
and Cape Fear inlets, the only ones of use to the commerce 



THE SOUTH CAROLINA LINE 243 

of the province, and he otherwise endeavored to render ^34 

his administration serviceable to the inhabitants; but per- 
haps the best service he rendered was in deferring the c. r.. hi, 
running of the Hue as proposed between North and South ^^'*' ^^^' ^^^ 
CaroHna, which, if once estabHshed, would have given to 
South Carolina a large part of our interior territory, which 
the South Carolinians coveted, for the directions at that time 
were to run the dividing line thirty miles distant from the 
Cape Fear River up to the head of that stream and then a 
due west course. 

The South Carolina authorities claimed that the Cape J-=»'?'^g''^v^ 

Smith s 

Fear River itself was the dividing line, and in support of e,'"'''"' 
that view they asserted that grants issued by that gov- '25, 154 
ernment had been located on that river. It does appear 
from a deed made by Schinking Moore to Richard Eagles, 
March 14, 1763, recorded in the register's office of New 
Hanover County, that a grant of 48,000 acres of land 
was issued May 13, 1691, to Landgrave Thomas Smith, 
and that said Smith and wife Mary conveved to William ^°°^^' 

\\T 1 r 1 1 ' 1 ' i New Han. 

Watters 700 acres thereof located on the northeast branch Co Records, 



35. 3M 



of the Cape Fear River, just above the dividing of said 
rivers; and on April 21, 1736, Maurice Moore conveyed 
to Colonel Thomas Merrick a tract of land lying at a place 
called the Haulover, on the east side of the Cape Fear River, 
"beginning at Landgrave Smith's corner tree," etc. 

From these conveyances it would seem that Landgrave 
Smith's tract was located on the Cape Fear River, and its 
bounds were recognized after the permanent settlement. 
Roger Moore, who came to the Cape Fear about 1725, 
married a daughter of the Landgrave, and perhaps the fact 
that that particular grant was located on the Cape Fear 
may have in some degree influenced the removal of the 
Moores, resulting in the permanent settlement of the 
Cape Fear, which by some of the older residents w^as spoken 
of as the third attempt to settle that river. 

Many of the questions raised bv Burrington in the course Q"7'jons 

....... ■ "^ seitled and 

ot his admmistration were not settled at that time. At unsettled 
London they were referred to the law officers of the Crown, 
good lawyers and fair men, who made a thorough examina- 
tion before delivering an opinion ; and often there was long 



244 BURRINGTON'S SECOND ADMINISTRATION, 1731-34 

!^ delay before the facts could be definitely ascertained war- 

c. R., Ill, rantinq- a decision. In regard to the validity of the Great 

292, 354 ♦^ O J 

Deed, the law office was apparently misled by Mr. Shelton, 
the secretary of the Lords Proprietors, who declared that it 
had never been recognized at all by the Lords Proprietors, 
and it therefore held that the instrument was intended to 

6^'i ■' ''' have only a temporary effect. When this opinion was com- 
municated to Burrington he replied with considerable 
vigor, urging the same view which the Assembly enter- 
tained — that it was a valid grant and contract and could not 
lawfully be ignored. 

In regard to the validity of the currency act passed in 
1729, it was held that all acts passed before Governor 
Everard had notice of the sale to the king were valid ; any 
passed after such notice were null. But that act being in 
operation, it was never disallowed or annulled, and the paper 
currency authorized by it continued to be the chief money 
used in the province. Other questions remained undeter- 
mined ; but it appearing that the governor had sat with the 
councillors when the legislature was in session and had taken 
part in the discussion and in the consideration of bills, he 
was rebuked and reminded that as he represented the king, 
his sole function was to allow or disallow bills that passed 
the two houses, and that he must not meddle with the 
Assembly. Such was the custom in England, and the purpose 
was to conform the province to the customs at home. One 
of his instructions was, "You shall take care that the mem- 
bers of the Assembly be elected only by freeholders, as being 
more agreeable to the custom of the kingdom, to which you 
are as near as may be to conform yourself in all particulars." 
That idea eventually commended itself to the people, and 
subsequently they sought to model their legislature after 
Parlinment. 

'^^^. In the meantime the province received accessions in popu- 

province i 1 r 

g|""s lation and made progress in importance. While the northern 

344, 432, 433 section had grown more populous, requiring the erection of 
Edgecombe Precinct, there being twenty families on the Tar 
River alone, the opening up of the Cape Fear proved of still 
greater consequence. Settlers were locating on both 
branches of the river; the wealthy South Carolina planters, 



THE PROVINCE GROWS 245 

who had removed to the lower portions of the river, had ^;^ 

bep^un the cultivation of rice, while saw-mills were erected 
and the forests yielded for export tar, pitch, turpentine, staves 
and plank. Bladen was being settled as well as Onslow. 
John Maultsby had taken out, about 1731, a warrant for 
six hundred and forty acres of land opposite the confluence 
of the two branches of the Cape Fear ; and John Watson 
located a similar warrant adjoining and below that tract ; 
and in 1732 a few enterprising men had for trade settled 
on Maultsby 's entry and called the place New Liverpool, and 
the next spring Michael Higgins, Joshua Granger, James 
Wimble and John Watson joined in laying oflf a town, called 
New Town or Newton, on the Watson entry, which soon 
became a rival of Brunswick. Roads had been opened from 
the Cape Fear to South Carolina, and two roads led to the 
northward, one by the coast to New Bern and one by Rocky 
Point to Edenton ; while there was easy communication by 
water with Charleston, with the great sounds and with Nor- 
folk. During one year forty-two vessels had sailed from 
Brunswick well laden with valuable cargoes. The products ^^,dh"ons 
had so increased that in addition to those of the forests, and 
of grain and tobacco, much live stock was sold abroad, many 
cattle and at least fifty thousand fat hogs being yearly driven 
to Virginia. Although there had been no great change in 
the way of church privileges, yet there had been some im- 
portant ones. John La Pierre, a Frenchman, who had come 
to South Carolina in 1708, and had officiated on the Santee, 
had about the year 1727 come to the Cape Fear, where he 
remained several years. In 1732 Dr. Richard Marsden, who 
had cast his fortune with the Cape Fear people some four 
years earlier, had a charge at New River, which Burrington 
was seeking to promote and develop, and where al^out one 
hundred families had settled. For a time Rev. Bevin Gran- 
ville officiated at Edenton and the surrounding country, 
where he baptized over one thousand children. In Albemarle 
there was one Presbyterian minister with a congregation 
and there were four meeting houses of the Friends. In 1735 
John Boyd was employed in the Northwest parish, where 
he claims to have likewise baptized one thousand infants. 
In that section he reported "no sects," but lower down the ^g 



C. R., Ill 



246 BUKRINGTON'S SECOND ADMINISTRATION, 1731-34 

Nov., 1734 country there were a great many Quakers and Baptists; 
for Paul Palmer's work was indeed progressing. 

c. R., Ill, Burrington had applied for permission to return to Eng- 
land, and in expectation of receiving it in October, he filled 
up the cotmcil board by the appointment of a number of 
•new members and called an Assembly to meet him at Eden- 
ton on November 6th. When the Assembly met Moseley 
was again chosen speaker ; but former antagonisms seem to 
have largelv subsided. 



634 



'&^ 



The last Assembly to meet Burrington 

The governor addressed the Assembly in a conciliatory 
speech complimenting the members, and "not doubting that 
they would promote the passing of such acts as are recom- 
mended or required in the king's instructions." Moseley, 
as speaker, returned hearty thanks for his kind speech, and 
added : "That we are very glad you have conceived so good 
an opinion of our understanding and capacity to serve this 
province." In his reply the governor accepted "your answer 
to my speech very kindly,'' and assured them that the good 
opinion he entertained of the wisdom and good intentions 
of the members was grounded on the real merit he knew they 
were possessed of; and he wanted them to so act that "this 
country may have reason to thank us at the end of this 
session, and their posterity not only to remember us with 
gratitude, but to bless our memories." As the temper of 
the governor seemed to be not so arbitrary, the house itself 
became more complacent. On the second day of the session 
it ordered a bill to be prepared declaring that only free- 
holders should vote, agreeably to the king's directions ; and 

c. R., Ill, they ordered other bills to be brought in establishing the 
three new precincts, Edgecombe, Onslow, and Bladen ; and 
were proceeding on a line that must have been very accept- 
able to Governor Burrington when, on November 13th, it was 

pa°ssTd certified by proclamation that Governor Johnston had pub- 

admi'nis'cra- bshcd his commissiou on the Cape Fear in open council. 

tion Burrington's administration immediately closed. The house 

proceeded no further in business, but stood dissolved, there 
having been no act of Assembly passed during the whole 
period that Burrington was governor. 



CHAPTER XIX 
Johnston's Administration, 1734-52 

Governor Johnston arrives. — Burrington's enemies in the ascend- 
ant. — Johnston cordially received. — The Assembly and the governor. 
— Disagreements. — Wilmington incorporated. — Immigrants. — McCuI- 
loh's grants. — Swiss, Irish and Scotch. — The South Carolina 
dividing line. — Clashing between the governor and the people. — The 
new Assembly. — The governor appeals for instructions. — Precincts 
converted into counties. — The compromise. — Progress in the colony. 
— The chief justice impeached.— He dies. — Edward Moseley chief 
justice. — The Spanish War. — Expedition to Cartagena. — The decision 
of the Board of Trade. — The quit rents. — Body of laws. — Blank 
patents. — The currency. — Governor's salary unpaid. — Matters in dis- 
pute settled. — Granville, Johnston, and Duplin counties. — The Scotch 
migration. — Anson County. — Granville's territory. — The unarmed re- 
bellion. — The two repudiated acts. — The Assembly of 1747. — Northern 
counties not represented. — They refuse obedience.-^Spanish invasion. 
— Brunswick attacked. — New currency act. — Efforts to displace 
Johnston. — Local differences.— First printing press. — Yellow Jacket. — 
The Palatines. — Wreck of Spanish fleet. — The contest between the 
new and the old counties. — The cessation of courts in Albemarle.- — 
The end of Johnston's administration. — Two treasurers. — Growth at 
the west. — -The Germans and Scotch-Irish. — Orange County. — Ex- 
plorations by Spangenberg. 

Governor Johnston arrives 

On the arrival of Governor Gabriel Johnston at Cape Nov.^1734 
Fear he was met with great cordiality by the gentlemen of 
the vicinity, and he lost no time in assuming the reins of 
government. There had been no change in the list of coun- 
cillors originally appointed by Governor Burrington, except 
that on Burrington's recommendation Roger Moore and 
Cullen Pollock had been selected to fill vacancies, and now 
Edward Mosele}^ and Matthew Rowan were added to the 
board. The suspensions and appointments made by Bur- 
rington a few months earlier were unknown in London, and 
were a surprise to Johnston when informed of them. On 
November 2, 1734, Johnston opened his commission at 
Brunswick in the presence of the gentlemen of the town and 



248 



JOHNSTON'S ADMINISTRATION, 1734-52 



1754 



C. R., IV, I 



Burring- 

ton's 

enemies in 

the 

ascendnnt 

C. R., IV, 

77,81 



Burrington 
goes T(_» 
England 



C. R., IV, 

45 



Johnston 
cordially 
received 



Jan., 1735 



of councillors Robert Halton, Eleazar Allen and Roger 
Moore, who had not attended Burrington's board then in 
session with the Assembly at Edenton. Being informed that 
Burrington had supplanted many officers illegally, the gov- 
ernor on the day he qualified issued a proclamation com- 
manding all officers, civil or military, who had been removed 
or suspended to resume their offices and enter again on the 
discharge of their duties ; and Smith, the chief justice ; Rice, 
the secretary ; Halton and Edmond Porter at once took their 
places at the council board. 

Hanmer, lately appointed chief justice, and Burrington's 
other appointees were now roundly and freely characterized 
as base tools to work Burrington's arbitrary will on deserv- 
ing gentlemen who had the manhood to disagree with him. 
The tables w-ere indeed completely turned ; and the late gov- 
ernor's enemies being in control of the Assembly as well as 
of the council, those who had fled the province, ostensibly 
in fear of their lives, returned in triumph. 

Adverting to the disorders that prevailed. Governor 
Johnston ordered a court of oyer and terminer to be held 
at Edenton on December 2d, and issued writs for the election 
of an Assembly, which was to meet on January 15th. His 
prompt and strenuous action, at once ignoring all courtesy 
that might have been due to his predecessor and reversing 
the whole course of the administration, was a bitter humilia- 
tion to Burrington, who now left the province with his 
family and returned to England, where he, however, con- 
tinued to interest himself in North Carolina affairs. 

About the middle of January the governor in great state 
made his journey through the counties from Brunswick to 
Edenton, where he met the Assembly, being received with 
every manifestation of cordial approbation; and, indeed, the 
Assembly, generally so parsimonious, made an appropriation 
of £1,300 to pay the expenses of his equipage on that 
occasion. 

Moseley being in the upper house, as the council was now 
called when acting as a part of a law-making power, in con- 
formity with the disposition to assimilate the Assembly to 
Parliament, William Downing was chosen speaker of the 
lower house ; and there was a continuation of the same influ- 



CURRENCY ISSUED 249 

ences that formerly controlled the action of that body, and ^ 

the zeal of the representatives to maintain the rights of the 
people was unabated. 

On one point at least the governor, the council and the c.k.jv, si 
house were agreed : they found a common ground in their 
denunciation of Burrington and his appointees. Smith, the 
oldest councillor, presided over the upper house ; and he and 
Porter and Rice, along with Moseley and Moore, were fierce 
in their arraignment of the deposed governor and of his 
profligate tools and accomplices, alleging that they had per- 
secuted and expelled from the province his Majesty's officers, 
whose lives were in danger, and were only preserved by 
timely and hasty flight ; and the Assembly and Governor 
Johnston heartily joined in the general condemnation. 

In its first flush of patriotic ardor the Assembly made an The 
allowance to the king of £1,300 for the service of the public auTthe ^ 
in the province, and ordered bills to the amount of £10,000 eovemor 
to be struck off; and passed an act to call in the outstanding c r iv 
paper money, which had been largely counterfeited, and to 
issue £40,000 of new bills in exchange; also acts limiting "7 
suffrage to freeholders, according to the instructions of the 
governor to conform the Assembly to Parliament ; and for 
establishing the precincts of Onslow and Bladen, allowing 
them representatives in the house. But notwithstanding BUden ^"'^ 
this disposition to be on friendly terms with the governor, 
the old points of controversy again arose to disturb the har- 
mony ; and especially was the house settled in its purposes 
that the quit rents should be paid either in current paper 
money or in produce on the farms, while the governor, who 
was sustained by a majority of the council, held that they 
were payable in specie. 

Disagreement over the quit rents 

When Chief Justice Smith was in England he learned that c. r., iv, 
the Lords Proprietors had ordered all enactments of the 
Assembly to be certified to them, and such as were not con- 
firmed by them were to expire at the end of two years ; and 
as the practice of certifying the acts to the Proprietors for 
confirmation had fallen into desuetude, he ascertained that 
of the whole body of laws in the province only six had been 



[■;o, IS4, 155 
S.R.. XXIII, 



201, 290 






250 JOHNSTON'S ADMINISTRATION, 1734-52 

1J3^ confirmed, and therefore he considered that all others had 

ceased to have legal efifect. So impressed was he with this 
view that he submitted the matter to the law officers of the 
Crown with a request for instruction ; but no decision was 
reached and no instruction was given at that time on the 
points he raised. 

Governor Johnston, however, had no hesitation in agree- 
ing with Smith, and made this view the basis of his position 
in discussing the quit-rent subject with the Assembly; and 
a majority of the council also sustained the chief justice 
and Colonel Halton, to whom the matter of the rents had 

c. R , IV, been referred as a committee, in holding in efifect that pay- 

^^ ments were to be made in silver, and that his Majesty could 

collect his rents without asking the consent of the Assembly ; 
and. indeed, tlie conduct of the chief justice was such that 
in a controversy between him and Moseley, in the presence 

c. R., IV, of the speaker and other members of the house, Moseley, 
giving way to his indignation, struck him, and was bound 
over to the general court to answer for the assault. 

Quit rents The govcrnor, who relied on the rents to pay his salary, 

being sustained by the chief justice and a majority of the 
council, also took the advanced position that two years after 

The the Great Deed was signed the Lords Proprietors, by their 

action, revoked it, and it was therefore a nullity; and insist- 
ing that the laws which had formerly been confirmed were 
no longer operative, he declared that he would proceed to 
collect the rents in silver, and that those who were not con- 
tent to make the payments he demanded could settle up 
arrears and move out of the province, abandoning their 

c. R., IV, homes and the lands they had improved. This suggestion 

^°' '" but added fuel to the flames ; and Moseley, to whose custody 

the Great Deed had been committed by the previous Assembly, 
now formally presented it to Speaker Downing for safe 
keeping. Being unable to move the house from its position, 
Johnston on March ist made a great show of indignation and 
prorogued the Assembly. 

Undeterred by opposition, the governor asserted his pur- 
pose to proceed ; and notwithstanding the general opinion 
that there must be an act of Assembly providing for the col- 
lection of the rents, he assumed that his personal views 



JOHNSTON QUARRELS OVER QUIT RENTS 251 

should necessarily control, and he determined to make it '735 

plain that he was master of the situation, and issued a proc- 
lamation requiring; all rents to be at once paid to the receiver- 

T C R TV 

general. However, he so far yielded to the circumstances 67 " ' 
of the inhabitants as lo assent that the rents might be paid 
in paper currency instead of silver, but at the rate of seven 
for one ; and if not voluntarily paid, the receiver was to 
distrain ; and in that case eight for one was to be exacted ; 
and he proceeded to erect a court of exchequer, with Smith 
as chief baron, the particular business of the court being to 
enforce the collection of the rents. There was, however, no c. r., iv, 
receiver in the province, the king's receiver-general, John '^ 
Hamerton, being a resident of South Carolina; so to facili- 
tate the collections Eleazar Allen was appointed receiver for 
North Carolina, a proceeding which so angered Hamerton 
that he issued a proclamation warning the people not to make 
any payment to Allen. But this only served to rouse the 
governor's spirit, and he ordered that assistant receivers 
should be appointed to attend at every precinct court house 
and make distress if need be. Some rumors of discontent 
were heard because of this new turn of afifairs, and the 
governor was astute in selecting and appointing militia 
officers who would sustain his administration. He did not c r iv s 
propose to brook opposition to his methods, and was ready to 
enforce his will at every hazard. 

Nearly all of the councillors then resided on the Cape Fear, 
and the growing importance of that region, together with 
its fine navigable river, led the governor at first to make that 
his residence instead of Edenton. 

He was, however, at points with the Moores because of 
■ their landholdings, some of their lands having been obtained 
under old blank patents, which they had bought, and which 
the governor considered as in fraud of the rights of the 
king; and he viewed the town of Newton with more favor 
than he did Brunswick, and perhaps determined to locate 
there. 

Wilmington incorporated 

Immediately on his return from Edenton, in 1735, doubt- cT^'iv"^ 
less at his instance, an application was made to the council 43 



252 JOHNSTON'S ADMINISTRATION, 1734-52 

]2^ to incorporate that rival of the older settlement in which 

the Moores were interested, but the councillors apprehended 
that they had not the power. 

However, he proceeded to give signal proofs of his favor 
to Newton. He ordered that on May 13th a land ofhce 

c. R., IV, should be opened there; also on the same day a court of 

44> 45 • 

oyer and terminer was appointed to be held there ; also the 
court of exchequer, of which William Forbes and James 
Innes were designated as assistant barons ; and likewise the 
council. Truly, that May 13, 1735, was a gala day for the 
little village, which had already made progress in its struggle 
for trade and importance against the established seat of local 
government lower down. The governor, realizing its ad- 
vantageous situation, threw all of his influence to secure its 
ascendancy. He bought land there, as did also Colonel 
Halton, Captain Innes, Captain Rowan and Woodward, the 
surveyor-general, and James Murray, who came to be a close 
friend to the governor ; and the next year an act was intro- 
duced to incorporate the town under the name of Wilming- 
ton, in honor of the governor's patron at Court ; but the 
Moores were able to defeat the measure in the house. How- 
ever, a session or two later the bill was brought forward 
wiiminRton again. The council was composed of eight members. The 

incorporated . . . 

presidmg officer. Chief Justice Snuth, voted for the bill, 
making a tie ; and he then voted a second time to break the 
tie ; and the bill being hurried to the house, was put through 
before the Moores had time to oppose its passage. This 
occasioned a strong remonstrance from those interested in 
Brunswick, who protested that it was illegal for a member 
of the council to cast two votes. At the next session the 
house again passed the bill to cure this alleged defect. 

Immigrants 

Attention now began to be attracted to North Carolina, 
and particularly to the region drained by the Cape Fear 
River, as a home for settlers, and Governor Johnston stimu- 
lated interest among his friends in Great Britain by his 
c. R., IV, letters and representations. Before he had been in the gov- 
ernment a year he was in communication with Mr. Dobbs 
and some other gentlemen of distinction in Ireland, and 



THE McCULLOH GRANTS 253 

with Henry McCulloh, a kinsman of his and a merchant in '735 

London, relative to their sending over families; and Captain c. r.,iv, 73 

Woodward, as their attorney, selected a tract on Black River, 

in New Hanover, of sixty thousand acres for them ; and in 

January, 1736, McCulloh petitioned the Board of Trade for 

two other tracts, one at the head of the Northeast and the 

other at the head of the Northwest River, which were c r„iv, 

allowed him. Simultaneously with this movement, Governor ^'' ""^' 

Burrington, then in London, and Mr. Jenner proposed to 

settle a colony of Swiss between the Neuse and the Cape c. r., iv, 

Fear rivers, and asked that a new precinct should be laid '5^' '" 

off in that region for them ; but later the location desired 

was changed to one nearer the mountains. However, this McCuiioh's 

11 11 1 1 1 • grants 

proposed colony seems eventually to have been merged m 
McCuiioh's undertaking. This enterprising gentleman was 
appointed by Governor Johnston his agent in England, and 
he also secured an appointment as inspector-general of the 
grants and revenues of the king in South and North Caro- c- R-, iv, 
lina ; and a few months later, having associated two mer- 
chants, Huey and Crymble, and some other gentlemen with 
hmi, he obtained an order for twelve tracts of land of one 
hundred thousand acres each, not to be at a greater dis- 
tance from each other, however, than ten miles, and each 
tract to be subdivided into eight equal parts. For these tracts 
the grantees were not to begin to pay quit rents until the 
expiration of ten years, having that time for settlement. The 
grants were ordered to be located on the head waters of 
Neuse, Peedee and Cape Fear rivers, and they were the 
basis of the immense land interest subsequently held by 
McCulloh in North Carolina. 

To induce the immigration of settlers, it was urged that Letters of a 
tlie climate on the Cape Fear was as good as that of England ; ^"'"^ '^' 
that living was cheap ; that fortunes were easily made ; that 
those who came early and took up land would find that its 
value was doubled yearly, as had been the case on the lower 
part of that river. These inducements appealed strongly to 
enterprising young men to leave the well-occupied marts of 
Britain and seek their fortunes in a country where hope 
promised them such advantages. Captain Innes, a man of 
unusual merit, seems to have accompanied the governor when 



254 JOHNSTON'S ADMINISTRATION, 1734-52 

^^^ he arrived, and among those who were induced through the 

influence of the governor to come over in the fall of 1735 
was James Murray, a young Scotchman, then resident at 
London, who brought with him a stock of goods, and arrived 

Murray ou the Capc Fcar January i, 1736. Not being able to 
obtain a house at Newton as he had intended, he opened 
his store at Brunswick, where he found ready sale for all 
of his merchandise except "wigs." These fashionable orna- 
ments of dress, much to Murray's disgust, he was unable to 
dispose of, either at Charleston or on the Cape Fear. 

But if the people would not wear wigs, they nevertheless 
brought with them the ideas and habits of the people at 

Free Masons homc. In 1735 ^^''^Y made application to the Grand Lodge 
of England for a charter of a Free Mason's lodge, which was 
granted under the name of Solomon Lodge ; and one of the 
first buildings erected in the village of Wilmington was a 
Mason's lodge. 

Swiss, Irish The first considerable number of families coming together 

c. R., IV. were Swiss, who arrived about the end of 1736, and a colony 
^" ^ of Irish, who were settled on the upper waters of the North- 

east ; among the latter being Colonel Sampson, the Owens,* 
Kenans and Walkers ; and in September, 1739, the McNeals, 
Duncan Campbell, Colonel McAlister and several other 
Scotch gentlemen brought over three hundred and fifty 
Scotch people, who settled in the western part of Bladen 
Precinct. Earlier a colony of Welsh settled in the upper 
part of New Hanover County, on what has since been known 
as the "Welsh Tract. "y To encourage such colonies the 
Assembly exempted from taxation for ten years all bodies of 
Protestants settling in the province numbering forty persons, 
and in particular appropriated £1,000 for the benefit of the 
Scotch settlers. 

The South Governor Burrington having fortunately postponed 

dividing settling the boundary line of South Carolina, Governor 
Johnston appointed commissioners for that purpose, one of 

*The Holmes family appears to have located at first in Edge- 
combe and then to have removed to Duplin, 
i^ecords -j-Jn March, 1737, the Welsh Tract extended from Burgaw Creek 

Hanover ^o Widow Moore's on Black River, and then to the bounds of the 
County, 1737 precinct, embracing Duplin and Sampson counties. 



& 



JOHNSTON URGES PROGRESS 255 

whom was Eleazar Allen. The commissioners met at Allen's ^^ 

residence, Lillipnt, near Brunswick, on April 23, 1735, and 
agreed that a due west line should be run from Cape Fear 
along the seacoast for thirty miles, and then proceed north- 
west to the thirty-fifth degree of north latitude, and then run 
west. A week later they ran the line to Little River, and in ^. R., xi, 
September continued it seventy miles to the northwest ; and 
two years later it was extended in the same direction twenty- 
two miles. There the work was discontinued until 1764, 
when the line was run west to the vicinity of Catawba River. 
When the receivers first began to collect the rents, which 
were then several years in arrears, many persons paid, and ^^^^ ^^' 
the governor was much gratified at the success of his plan 
of proceeding without the sanction of the Assembly ; but at 
length, on rents being demanded in Chowan, Moseley re- 
fused to give his countenance to a proceeding he deemed 
illegal and subversive of the rights of the people. He de- 
clined to pay, and others thereupon stood with him, and 
collections almost wholly ceased. 



While his officers were meeting with success the governor xh 



e new 
Assembly 



had had no use for an Assembly, and being determined to Sept., 1736 
set his face against the biennial act, under which elections ^^jfaie^' 
were held without his writs, he dissolved the Assembly so 
chosen in September, 1735, without permitting it to convene. 
The next year he issued his writs for a special election of 
assemblymen, and convened the Assembly in September, 1736. 
In his address to that body he urged that the interests of 
the people and of the province would be best subserved by 
promoting religion and education, and asked that provision 
should be made for public worship, and that at least one 
school should be established in the province. The house 
at that time, however, had more pressing matters to con- 
sider than the academic promotion of virtue, and called the 
attention of the governor to the unlawful action of those who 
were collecting rents under his orders, and declared that 
their conduct was an intolerable grievance. Nevertheless, 
the house passed a fee bill, which the governor rejected, and 
also a bill providing for a rent roll and for the collection 
of rents, and for quieting possessions, by the provisions of 
which all blank patents were declared valid, the validity of 



C. R., IV, 
241, 27^ 



256 JOHNSTON'S ADMINISTRATION, 1734-52 

IZ^ the Great Deed reaffirmed and the rents declared payable in 

commodities, rated at specified values ; and the value of the 
paper money was to be annually fixed bv a commission com- 
posed of the governor, four members of the council and the 
speaker and six members of the Assembly, to be chosen by 
the house. This bill was so clogged with provisions which, 
in the opinion of a majority of the council, were detrimental 
to his Majesty's interest, that the upper house rejected it, 
and the governor, having twice unavailingly called the house 
to attend him, prorogued the obstinate Assembly until 
March; and when it then met, the house having ordered 
into custody the officers who had been collecting the rents 
from unwilling citizens under compulsion from fear of 
distraint, the governor promptly dissolved it. 
The In the meantime Governor Johnston had immediately after 

.;.ppe:,is f..r tlic adjoummcnt of the first Assembly made a full representa- 
tion to the Board of Trade of the differences between the 
people and himself. He had urged that the Great Deed had 
been revoked by the Lords Proprietors ; that except six un- 
important laws the former legislative enactments had never 
been confirmed and were now nullities ; that especially the 
biennial act ought to be repealed ; that the blank patents 
ought to be set aside ; and he asked instructions as to these 
matters as well as in regard to the x\ssembly's contention 
c.R.,iv, about the rents. But the Board of Trade took no heed and 
"^^ his appeals for direction were in vain. No instructions 

having been received in reply to his request, Governor 
Johnston now advised the Crown officers at home that unless 
the old laws were annulled his Majesty would have very 
little to do in his province, for the people had taken especial 
care to make themselves independent both of the Crown and 
of the Lords Proprietors ; and he asked that a company of 
troops, that would not be under the direction of the Assembly, 
might be sent to the province and he be commissioned as 
captain of it. Evidently the governor was minded to carry 
c. R., IV, Q^^^ |-jjg ^^jij ^j^^ purposes even by force if necessary; and 

perhaps there was some occasion for troops, for when at 
the general court a man was imprisoned for insulting the 
marshal of the court, the people of Bertie and Edgecombe, 
understanding that his offence was non-payment of quit 



QUIT-RENI TROUBLES 257 

rents, rose to the number of five hundred and approached ^ 

Edenton with the purpose of rescuing him, cursing the king, 

and with their hearts fuU of rebelhon. While it was only 

in these two precincts that the people openly embodied, yet 

the seeds of insurrection were widely disseminated, and the 

governor hastened to advise McCulloh that the biennial act 

should at once be repealed and that the people should be 

warned and commanded by a royal proclamation to obey 

the governor. With this spur, the Board of Trade during c. r., iv, 

the summer obtained from the king an order repealing that juiy,i737 

law ; and conformably thereto, in November Governor 

Johnston issued a proclamation giving notice of its repeal. 

Such was the ending of one of the muniments of liberty "-epeaied 

and safeguards of freedom which Shaftesbury had embodied 

in his celebrated Fundamental Constitutions in the early days 

of the settlement. 

At an Assembly held in New Bern in March, 1739, the dis- fj^^'j^^^^^ 
position to fashion the province after the model of England i"to 



niennial 
Act 



counties 



had its effect, and an act was passed converting the precincts s. u , 
into counties, and for appointing sheriffs in each of them, 
but as that necessarily supplanted the ofificial functions of the 
marshal, that office was abolished, and Colonel Halton was 
allowed a money consideration for his damages. Provision 
Vv'as also made for holding circuit courts, and at an adjourned 
session a month later the struggle over the quit-rent trouble, 
which had lasted so many years, was adjusted by a compro- 
mise, which was very agreeable to the governor, provision 
being made for a rent roll and the rents to be paid in a ^t"''"'.' 
limited number of conunodities, such only as the governor 
approved — tobacco, hemp, flax, deer skins and beeswax ; and 
the value of the provincial currency was to be fixed by a 
commission as in the bill formerly rejected by the council. 
One of the considerations for the passage of this bill by the 
Assembly was that it confirmed the blank patents, in which 
nearly all of the chief men of the province were in some 
measure interested, and it gave an assurance of title to lands 
which they had improved, in some instances at great ex- 
pense. 

On the other hand, the governor and his officers had for 
some time been without compensation for their services, and 



258 JOHNSTON'S ADMINISTRATION, 1734-52 

1^ as this arrangement opened the way for the payment of their 

salaries, it was very gratifying to his Excellency, who 
hastened to send the act to England with his approval and 
urgent request for its confirmation. In the meanwhile, not 
doubting that it would be confirmed, he put it into operation, 
and that cause of disagreement between the administration 
and the opposition was regarded as entirely removed. Still, 
the antagonism between the governor and the Moores, who 
were spoken of by the administration as "the family," re- 
mained ;* but this cause of difference being settled, Eleazar 
Allen abandoned the governor and joined ''the family," which 
put the administration in the minority in the council. This 
unexpected defection of Allen led the governor to immedi- 
ately appoint as councillor James Murray, on whose fidelity 
he could relv. 
Progress ^he cxports of the Cape Fear River had now become rel- 

coiony atively considerable. The vast pine forests were filled with 

light wood, being the heart of the resinous pine after the 
body of the fallen tree had decayed many years before, and 
the business of making tar engaged a large part of the popu- 
lation ; indeed, so much of this staple article of commerce 
was speedily produced that the markets of the world soon 
Products became overstocked. The Moores and their friends, who 
together had brought some twelve hundred slaves to the 
settlement, began in 1735 the culture of rice, of which large 
crops were now being produced for export; and in 1738 
George Lillington reported to the Asseml:)ly that he had 
brought the culture of indigo to perfection ; while particular 
efiforts were made in various parts of the province to grow 
hemp and flax. The silkworm was also introduced, saw- 
mills had been erected, bricks were burned, and much prog- 
ress was made in comfortable living as well as in profitable 
commerce. 
Chief There had been constant accessions to population, and the 

SmhT chief matters of difference between the people at large and 
impeached |-|-,g administration having been settled, an era of good will 
was ushered in. and there was a period of quietude and of 
steady growth. Still the chief justice did not give satisfac- 
tion in his courts. In some measure he seems to have 
*Murray's "Letters of a Loyalist." 



THE BUSH ASSEMBLY 259 

justified tlie opinion expressed of him by Burrington, and ^40 

there were many complaints of his irregular proceedings. 
At length, in 1739, matters reached a crisis, and there was 
a determination to impeach him. The Assembly was to have 
met in New Bern in November, but because of adverse winds c. r., iv, 
the members from Albemarle, who were coming by water, 
were delayed, and only twenty-six members at first appeared. 
That number was sufficient for a quorum and the body might 
have been organized. But the chief justice had been very 
useful to the governor, and it was alleged that in order to 
protect this officer, with the governor's connivance, resort 
was had to management, and Smith procured four members 
to take to the bushes and absent themselves, thus preventing 
an organization. After waiting two or three days, a majority 
of the council advised a dissolution — advice which the gov- 
ernor hastened to follow, and the impending impeachment 
was thus avoided. From the method pursued to break the 
quorum that Assembly became known among the people as 
the "Bush Assembly." A new election was, however, at once Feb., 1740 

C R iV 

ordered, and when the body met Smith managed to secure 468, 500, 504 
the good will of a majority by promising to have pissed a 
certain bill allowing some additional commodities to be re- 
ceived in payment of taxes and in discharge of debts, the 
rating of these commodities to be at a very high value. Sir 
Richard Everard, the son of the former governor, however, 
presented and pressed the resolution of impeachment, setting 
out in detail some eighteen impeachable offences ; but a 
majority of the house, being thus v/on over to the cause of 
the chief justice, cut short the time for bringing forward 
the testimony, and by a preponderance of six votes held that 
the evidence presented was insufficient to justify the pro- 
ceeding. So Smith not only thus avoided the blow, but, 
indeed, during the year found an opportunity of dealing one 
to his old enemy, Hanmer, who had been used by Burrington 
to keep him out of his office. Hanmer was charged wnth per- 
jury and tried before Smith and convicted. He begged 
for mercy, but Smith was obdurate, and imposed on him such 
a heavy punishment that in 1743 Hanmer, being then released 
from prison, petitioned the Crown for relief against the chief 
justice, who, he alleged, had persecuted him and destroyed 



chief 
justice 



260 JOHNSTON'S ADMINISTRATION, 1734-52 

^^ his fortune and wrecked his health. Smith, however, did not 

survive long enough to engage in this new controversy. In 
1744 he died, and John Montgomery succeeded him as chief 
justice ; himself surviving only a few months, when Edward 

Moseiey Ivloselcy was appointed to the position. 

For years there had heen a constant disregard by the 
English traders of the commercial regulations which Spain 
had thrown around the commerce of her American colonies 
wdth a view of excluding foreign trade and maintaining an 
exclusive dealing with the mother country. The contract 

The of the English for the importation of negroes, known as the 

panisiwar ^gjgj^^Q^ iucrcascd their facilities for smuggling and main- 
taining an illicit trade with the Spanish colonies, which was 
carried on with great gain, particularly by the merchants of 
Jamaica. There were besides other causes of differences be- 
tween England and Spain, wdiich, however, in the spring of 
1739 had been amicably settled by a convention; but the 
convention was not promptly carried into effect, and the 
English traders, fearing that their trade would be cut off 
by it, were clamorous in demanding a "free sea" even in 
the Spanish Main.* To please them war was declared with 
Spain on a point that was of unusual interest to the English 
colonies in America, as it related to unrestrained commercial 
intercourse with the Spanish settlements to the southward. 

'74° In view of these hostilities, in the summer of 1740 Gov- 

ernor Johnston received instructions to raise such troops 
as could be obtained in the province, and he called a special 

c. R , IV, session of the Assembly to make provision for them. The 

t*' members were zealous in their patriotic ardor, and with 

notable imanimity appropriated £12,000 sterling for the 
maintenance of the levies ; and the governor hired four 
vessels at Edenton, three companies of a hundred men each 
being raised in the northern counties, and one vessel at Wil- 
mington, Avhere a hundred men enlisted, to convey them on 
the expedition. So ready were the people to go that many 

'""While the merchants were clamoring, one Jenkins, a sailor, ap- 
peared before Parliament and exhibited one of his ears that had 
lieen cut ofif by the Spaniards. This turned the scale against Wal- 
pole's peace policy, and the war became known as "the war of 
Jenkins's ear." 



THE SPANISH WAR 261 

more companies could have been obtained had adequate pro- ^ 

vision been made for them. 

These troops were originally intended to operate with the Expedition 
expedition under General Oglethorpe against St. Augustine, ° •'"•'s<="a 
and some of them were despatched on that service. That 
expedition having failed, they sailed for Jamaica, where the 
British forces were concentrated. Captain Innes commanded 
one company, and with him were Lieutenant Pringle and 
Lieutenant Douglass, who appear to have come from Eng- 
land. They sailed from Wilmington on November 26, 1740, 
and were actively engaged in the West Indies. Later these 
forces were in Admiral Vernon's expedition against Carta- 
gena, where, after meeting with some successes, the want 
of co-operation between the army and the navy worked their 
ruin. Not only were there great losses on the land, but 
after the troops were driven to re-embark a fever broke out 
among them and nine out of ten of the colonial contingent 
succumbed to disease, the entire loss in the expedition being 
over 20,000 men. But few of the North Carolina troops 
returned. That they bore an honorable part in the opera- 
tions may be gathered from the fact that Lieutenant Pringle 
was wounded at the siege of Boca-Chica, while Captain 
Innes won such distinction and his merit was so thoroughly 
recognized that in 1756 he was appointed commander-in-chief 
of the Virginia forces. Colonel Washington was glad to 
serve under him. 

The decision of the Board of Trade 

After the act relating to the rents had been in operation '741 
some two years the governor was humiliated at receiving 
information that it had been disallowed by the king. The Quit-rem 
passage of the act had been obtained by him after a long disallowed 
conflict with the Assembly, and it happily settled many con- 
tentions ; but the half dozen merchants in London trading 
to North Carolina protested against the provision which 
allowed a commission to fix the value of the currency; and 
for that reason the entire settlement of the vexed questions 
was annulled. It is no wonder that the governor's patience 
was taxed beyond measure by this untoward and unwise 
action. But that was not his only disappointment ; the other 



262 



JOHNSTON'S ADMINISTRATION, 1734-52 



1741 

C. R., IV, 
287 



The 

Great Deed 



The 
quit rents 



C. R., IV, 

291 



Laws 
confirmed 



Bl^mk 
patents 



C. R., 

322 



IV, 



questions snbmitterl bv him were all decided practically ad- 
verse to the positions he had taken. In February, 1738, the 
law officers made their adverse report, but it was held up 
three years at London and not communicated to Governor 
Johnston until T741, notwithstanding his anxious solicitude 
for decisive instructions. In regard to the Great Deed, it was 
held that that instrument was revocable, but that its revoca- 
tion could not affect grants made while it was in operation ; 
and whether it was revoked by the commission and instruc- 
tions to Governor Sayle in 1669, as contended by Johnston 
and McCulloh, depended on whether Albemarle was within 
Sayle's territory — which, indeed, had been limited to "south 
and west of Cape Carteret" ; and even were it within that 
territory, the board considered that a long and quiet enjoy- 
ment of land would cure all defects of title. 

The greater question was as to the payment of the quit 
rents, and its decision was entirely in conflict with the gov- 
ernor's views and sustained Moseley and the Assembly at 
all points in the controversy. It was held that the rents 
were not payable in specie, but might be paid in commodities 
at the market value, and that the place of payment was on 
the farms. 

Concerning Johnston's contention that the whole body of 
the laws were a nullity, it was decided that as they had been 
in use among the people and acquiesced in by the Proprietors 
they were not void and could not be repealed by the Crown ; 
still they made an exception in regard to the biennial act, 
and held that it was in tlie province of the king to repeal 
and annul that for special reasons, as had been done. 

After a full examination into the matter of blank patents, 
the nature of which was fully explained to them by Gov- 
ernor Burrington, the law officers decided that notwithstand- 
ing the Lords Proprietors had ordered their land office to 
be closed, yet the patents were good if the Proprietors were 
made privy to them, or had afterward received the con- 
sideration money ; but those issued after notice of the king's 
purchase were not good ; and they held that the circumstance 
that the patents were blank as to boundaries was not of 
itself sufficient to avoid them ; and if any of the patents 
were voidable, the proper course to annul them was by infor- 



THE BOARD ADVERSE TO JOHNSTON'S CLAIMS 263 

mation in the courts. These decisions, however, were not ^ 

for three years communicated to the governor, who in 
ignorance of them had maintained his position on the matters 
involved with partisan loyalty and devoted zeal in behalf 
of what he regarded were the legal rights of his sovereign. (> j^ jy 
Disheartened in the extreme, for the only gratification he 5^3 
h.ad enjoyed was in the repeal of the biennial act, the 
governor, receiving no salary whatever, nevertheless con- 
tinued to apply unavailingly for new instructions, until at 
length, in 1747, the humiliating answer came that he had 
better try to get a new act passed for the collection of rents 
not containing the objectionable feature of a commission to 
fix the value of the currency that had caused the rejection 
of the former act. He had asked for bread and they gave 
him a stone. 

But notwithstanding this ill-usage. Governor Johnston currency 
would abate nothing from the tenor of his original instruc- '^" ^°'^ °"*= 
tions, and the receivers of rents would not settle them for 
commodities, and now rated the provincial currency at only 
one-tenth the value of specie. As great as was this rate 
of depreciation, it was equaled in the neighboring province of 
South Carolina, wliere for three-quarters of a century the 
currency was never at a less discount than 700 per cent. ; 
and where twenty-eight of the merchants of Charleston 
having, in 1722, presented a memorial complaining of broken 
pledges in not retiring the currency, the Assembly ordered 
them all into the custody of its officers. 

The people of North Carolina, however, were not content Governor's 
with having their currency rated so low, and abstained from ^^^"J^d 
paying their rents ; and so little money was collected that 
the governor's salary remained unpaid ; and especially was 
this the case after the northern part of the province had 
been set apart to Earl Granville, the rents in arrears as well 
as those annually to accrue in that territory after 1744 being 
the individual property of that Proprietor, while those accru- 
ing in the lower portion of the province, which had not been 
so long settled, were of comparatively insignificant value. 

Embarrassed by his pecuniary condition, other matters bore 
equally hard on the governor. Civil war was raging in his 



264 JOHNSTON'S ADMINISTRATION, 1734-52 

U^ native country,* where the young Stuart prince had erected 

the standard of his father and had gathered around him 
his zealous Highlanders, while the low-country Scotch, being 
Presbyterians and followers of John Knox, adhered to the 
Protestant house of Hanover. The situation of his kindred 
and friends gave him much concern ; and because of the war 
with Spain and then with France, the seacoast of the prov- 
ince was opened to easy assault, and its defenceless con- 
dition was the occasion of much vmeasiness ; forts should 
be built and a militia organized ; assemblies and general 
courts had been constantly held at Edenton, which was too 
dis'^pme'"" inaccessible as a seat of government, and a more convenient 
settled location was desired, where the officers should reside and 

the public records be kept ; the acts of the Assembly were in 
confusion and a codification, indispensable ; the time for 
which the provincial bills were to run was about to expire, 
and provision should be made for renewing them ; wdiile 
other subjects of almost equally grave importance claimed 
attention. Yet assemblies would meet, and because of 
jealousy between the houses or disagreements with the gov- 
ernor, little or nothing was accomplished. Still, one by one 
these subjects were considered, and occasionally some would 
be acted upon, except alone that establishing a seat of gov- 
ernment ; as to that there was an irreconcilable difference 
between the houses, the northern members of the Assembly 
insisting on Bath, the governor and the council, of whom a 
majority resided on the Cape Fear, proposing New Bern; 
so there could be no agreement. 

Westward expansion 

Granville B^^jj- whatcvcr wcrc the perplexities of government, the 

Johnston province continued to grow in population and importance. 

1746 Virginians from the beginning had flocked across the border. 

831, 834 ' After the old precincts at Albemarle were well occupied, 
these immigrants from the adjoining province possessed 
themselves of Bertie, and there the population became so 
numerous that in 1741 the new county of Northampton had 
to be erected. Five years later the first settlement that the 
Virginians had mode on the Tar had so expanded that Edge- 

*It is said that Governor Johnston's brothers were in this rising. 



IMMIGRANTS ARRIVE 265 

combe had to be divided, and Granville was portioned off ^^ 

on the western frontier; while in like manner Johnston 
County (first proposed to be named Essex) was formed from s.r.,xxiii 
the western part of Craven, extending up the course of the 
Neuse. 

In New Hanover 22,000 acres of land had been surveyed 
for McCulioh between the Northeast and Black rivers, and 
50,000 acres were located for him a little higher up, which 
were under the care of Dr. William Houston, near Soracte 
and the Golden Grove, where the Irish and Swiss settlers had 
been established in 1736. In 1736 George Vaughan, a bar- ^°"j;'j^ 
rister of Dublin, Ireland, purchased of a Mr. Hewitt 12,000 New 

I- 1 1 • 1 • 1 • • 1 Hanover 

acres 01 land situated ui this territory and apparently a part County 
of the 50,000 acres laid off for McCuUoh and his associates; 1064'' ' 
and the next year, 1737, John Sampson, a nephew of 
Vaughan, settled on the tract as agent. Three years later 
Vaughan resolved to appropriate the land, together with one 
hundred slaves, to the purpose of Christianizing five Indian 
tribes* then said to be in the vicinity ; and under an arrange- 
ment Sampson sought to carry out these general purposes, 
but for some reason the plan appears to have miscarried. 
Indeed, the settlement of upper New Hanover prospered so 
well that in 1749 a new county was formed out of that terri- 
tory, at first proposed to be called "Donegal," or Fane, 
but on consideration was named Duplin, in honor of Lord cZnty 
Dupplin, one of the Board of Trade. 

And even a still more interesting movement was witnessed '^•..^•' ^^' 
on the other branch of the Cape Fear. Some Scotchmen had 
been induced, perhaps through the influence of Governor 
Johnston, to come to that region shortly after his appoint- 
ment, and later there were large accessions of the same 
population. In 1739 Colonel McAlister arrived with three 
hundred and fifty Scotchmen in one body. After the disaster 
at Cullodcn the adherents of Charles Edward were put to 
the sword and threatened with extermination. The chieftains 
and more prominent leaders were quickly despatched, while 
the humbler people were hunted like wild animals in a chase 
and butchered without compunction of conscience. The 

*Indian relics are still found widely scattered throughout Duplin 
and Sampson counties. 



vm 



The Scotch 
migration 



266 



JOHNSTON'S ADMINISTRATION, 1734-52 



1746 



Culloden 



Highlanders 
in Cumber- 
land, 1746 



Vass, Hist. 
New Bern 
Presby. 
Church 



Ansnn 
County 
C. R., IV, 

888, 1064 



bloody work was, however, at length arrested by a tardy 
proclamation of mercy, and a pardon was issued under the 
great seal exempting from the death penalty nineteen out of 
twenty who had escaped the terrible slaughter. To deter- 
mine who should be the victims of this melancholy fate, there 
was resort to the haphazard chance of casting the lot. Those 
undefended by fortune perished, the other nineteen being 
adjudged to sufifer only expatriation — a merciful boon, per- 
petual exile. The removal of entire clans was enforced, and 
hundreds who, not being involved in the trouble, might have 
remained in their desolated country preferred to abandon 
their beloved mountains and share the fortunes of their com- 
patriots rather than remain in their deserted homes. Indeed, 
the feudal tenures of the olden time were then destroyed, 
and the ties that bound the clansmen to their chiefs passed 
away, introducing new conditions that were intolerable to 
the Highlanders. Some influences turned the tide of migra- 
tion to the upper Cape Fear, where a number of their High- 
land companions had already located. So that in 1746 the 
vicinity of the present town of Fayetteville was occupied 
by a considerable colony of these unhappy Scotchmen, and 
shipload after shipload of these unfortunate people disem- 
barked at Wilmington and then penetrated far into the 
wilderness of the interior. In 1749 Neal McNeal at one 
time brought over five hundred with him, and they scattered 
through Bladen, Anson and what is now Cumberland 
counties. Five years later the stream began to flow again, 
and from that time onward there were constant arrivals from 
the Highlands of Scotland, until a vast territory was occu- 
pied by them. Beliol, of Jura, one of the Hebrides Islands, 
found employment for a vessel regularly engaged in bringing 
in annually Scotch emigrants, who were reared almost within 
hail of classic lona, the hallowed home of primitive Presby- 
terianism. Even as late as in 1775 a colony of three hundred 
and fifty arrived, and joined their kindred on the upper Cape 
Fear. 

From South Carolina other colonists had pushed up the 
Peedee, taking possession of the fine lands along that river 
far to the west of the Bladen settlements, so that in Septem- 
ber, 1748, they besought the council for the benefit of a new 



ANSON COUNTY ORGANIZED 267 

county, saying that there were between two hundred and ^46 

three hundred white tithables in the Peedee country a hun- 
dred miles distant from the court-house; and in answer to s. r..xxiii 
their prayer a county was estabHshed called Anson, in honor 
of the brave commodore whose fame at that time was 
resounding throughout the world. Indeed, so rapid had been ^.'i^' ^ ' 
the progress of settlement that when, in 1746, Moseley and 
the other commissioners for running the Granville line 
reached the Saxapahaw, at the present southeast corner of 
Chatham County, they found settlers and houses already 
there, though the country was but sparsely occupied, and 
the region to the west was as yet uninhabited. 

Sir John Carteret, who held high office at Court, perhaps cranviue's 
animated by an ambition to be the sole possessor of immense ""' °^'^ 
territories in the New World, had, in 1729, declined to dis- 
pose of his share on the purchase by the Crown of Carolina, 
and by the king's command his portion was set apart to him 
in severalty adjoining Virginia, and the dividing line was 
agreed to be the parallel of latitude 35° and 34', by which 
about two-thirds of the province became his individual prop- 
erty. Carteret, by the death of his mother, had just then 
succeeded to the title of Lord Granville. He had the year 
before overthrown the Walpole administration, and was sec- 
retary of state ; and he had uncontrolled ascendancy over the 
king, and was "not only the most brilliant debater, but the 
ablest statesman of his time." 

In the winter of 1743 his line was run from Hatteras to His line run 
Bath, and in the spring of 1746 it was continued to Saxapa- 
haw, passing near the present towns of Snow Hill and 
Princeton ; and when extended farther west it became 
eventually the southern boundary of the counties of Chatham, 
Randolph, Davidson, and Rowan. From the time it was 
run all the interest of the Crown ceased in the rents within 
that extensive territory, they belonging exclusively to Gran- 
ville, who appointed Moseley and Halton his agents for col- 
lecting the rents and making grants in his name. 

This division of the province between the king and Gran- 
ville, and the conflicting interests of the northern and 
southern counties, and the desire of the governor to estab- 
lish a seat of government in New Bern, led to one of the 



268 JOHNSTON'S ADMINISTRATION, 1734-52 

1^15 most strenuous struggles that marked the course of public 

affairs. 

The unarmed rebellion 

The Assembly was composed of fifty-four members, of 
whom, as the northern counties had five each while the 
southern counties had but two, the majority always lay with 
Albemarle ; so to compass his purpose with regard to estab- 
lishing a seat of government the governor skilfully resorted 
Nov., 1746 to management. An Assembly having met in New Bern in 
870 ' ' June, 1746, and the houses having disagreed as between Bath 
and New Bern, the governor prorogued the body to meet at 
Wilmington in Noveml^cr, at a time when the northern mem- 
bers would be engaged in sending their cattle and hogs to 
Virginia for sale, and could not conveniently attend at so 
remote a place. The Albemarle representatives, relying on 
their power to break a quorum by remaining away, agreed 
on that course and did not go to the Cape Fear. In former 
years the result would have answered their expectations ; but 
with the growing importance of the Cape Fear region and 
the divergence of interests that had arisen between the sec- 
tions new conditions had come to defeat these calculations, 
c- Rm IV, When the house assembled, there being eight old members 
and seven newly elected, fifteen in all, in attendance, the 
speaker, Sam Swann, calling to his aid the rule of the British 
Parliament by which 40 members out of 556 constituted a 
quorum, declared a quorum present, and the house proceeded 
to business. Only two bills were passed, but these were of 
great importance. By one of them the seat of government 
was fixed permanently at New Bern, where public papers 
were required to be kept, instead of at the private residences 
of the officers in the dififerent parts of the province, as 
had been the practice ; and circuit courts were established 
to be held throughout the province ; while the other 
was intended to destroy the inequality of representation by 
allowing to each county in the province two representatives 
and no more. This was a direct blow at the northern coun- 
ties, which the Albemarle people furiously resented. They 
declared that by the constitution of the province the original 
Albemarle counties had a right to five members, of which 



THE UNARMED REBELLION 269 

they could not be deprived ; and that a quorum of the house ^47 

consisted of a majority of all the members, and that a less 
number could not lawfully pass a bill. They asserted that 
the governor had by artifice and trick devised this proceeding, 
and as they had fallen into the trap, they now prepared to 
meet the emergency by a counter-plot. By agreement, they |^Jf,j>;° ^ 
were to abstain from attending future sessions ; and their ^cts^ ^^ 
declaration that the act establishing the seat of government 855,864 

'" 1 1 !• 1 -1 !• i. Feb., 1747 

and appomtmg commissioners to erect the public building at 
New Bern was a nullity raised an obstacle in the way of 
giving effect to that law which could not be overcome, and 
the buildings were not erected. The governor issued writs 
for a new Assembly to meet in February, ordering the 
sheriffs to return but two members from any county, but 
the Albemarle people disregarded these instructions and 
voted for five members as formerly. Throughout the whole 
region there was concert of action, and the entire section 
was united as one man to preserve their constitutional rights. 
When the Assembly met the elections in those counties were 
held void, and new writs were issued for another election, 
but the people to a man abstained from voting. There were ^",'i,'J'i""r,ot 
no elections held. The northern counties would not be rep- represented 
resented by less than five members. Both sides, however, 
appealed to the higher authority of the Crown ; but the law 
officers in England, who during the whole colonial period 
acted on a high plane and sought to be fair and impartial, 
would not decide except on a full hearing, and required 
testimony to be taken in the province as to the disputed facts. 
This delay brought no harmony to the province, and as 
months passed the interests of the sections conflicted more 
and more. The public men wdio had formerly acted in unison 
drifted apart ; faction and party spirit ran high, and the prov- 
ince became divided into two sectional parties, whose antag- 
onism constantly grew in bitterness. 

The governor did not choose to risk another Assembly, or They refuse 
perhaps deemed it ill-advised to disturb existing conditions, 
so year after year the Assembly elected in February, 1747, 
continued to meet under successive prorogations. Having 
no representatives, the northern counties refused to obey the 
laws enacted by the Rumji ; they did not recognize the new 



i3ia 



270 JOHNSTON'S ADMINISTRATION, 1734-52 

^2^Z circuit courts, and especially they would pay no taxes to 

c. R., IV, support a government in which they had no share ; and as 
the northern inhabitants would pay no taxes, after a while 
neither would the southern, who would not bear the burden 
of government alone. The house eventually became like 
the Long Parliament in England, a body exercising the func- 
tions of government, but no longer representative of its con- 
stituents. While its enactments had the force of law in the 
southern counties, in the northern they were utterly dis- 
regarded. 



s. R.,XXII, 

403 



The Spanish invasions 

Notwithstanding the defection of the northern members, 
the Assembly had to deal with matters of general interest. 
Particularly did the defenceless condition of the coast give 
great concern. In 1741 several Spanish privateers took pos- 
session of Ocracoke Inlet, and seized the vessels arriving 
s. R.,xxii, there. Thev also landed and carried off the cattle of the in- 

26a, 278 

habitants. Eventually they were driven away, but their 
depredations were so great that provisions had to be sup- 
plied to the distressed people at a cost to the province of 
more than £10,000. 
Aug., 1747 Again in 1744 they harassed the coast; and in 1747 boldly 
entered the harbor of Beaufort. Major Enoch Ward hastily 
gathered some militia and held them at bay until August 
26th, when they succeeded in gaining possession of the town 
itself. In a few days, however, Colonel Thomas Lovick and 
Beaufort Captain Charles Cogdell came to the rescue with a sufficient 
s.R.,xxii, force, and earlv in September the Spaniards were expelled, 

263 ' , 

suffering considerable loss. At least ten of the mvaders 
were captured. But so successful were these forays that the 
next summer they were continued, and the coast was ravaged. 
Early in July some of the Spanish ships lay in the harbor of 

'^'' the lower Cape Fear, while a company of militia held the 

s. R.,xxn, shore against them. 

At that time six of the Spaniards were captured, and 
they withdrew, only, however, to return in heavier force 
about the beginning of September. On the 4th of that 



THE SPANISH INVASIONS 271 

month the alarm was given at Wihnington that they were '^48 

ascending the river, and the miHtia companies hurried in 
detachments to the scene. The general defence had been Sept. 10 
committed to Eleazar Allen, Roger Moore, Edward Moseley 
and William Forbes, as commissioners; while Major John 
Swann was in immediate command. Among the companies 
participating in the defence were those commanded by Cap- 
tain William Dry, Captain John Ashe and Captain John 
Sampson. These alone numbered more than 300 troops. The Bnm^wick 
Spaniards quickly took possession of Brunswick, and for Sepu 6^-10, 
four days, from the 6th to the loth, hostilities were active. ''■* 
At length, on the loth, one of the Spanish vessels was blown 
up, and the others were driven off. All that day Colonel 
Dry was employed burying dead Spaniards, and two days 271-286 
later he was getting the guns, anchors and other valuables 
ashore from the wreck. It was from this destroyed vessel 
that the painting was obtained which is still preserved in the 
vestry-room of St. James's Church at Wilmington. The 
spoils from the wreck were appropriated for the use of 
the churches at Brunswick and Wilmington. A considerable 
number of the Spaniards were killed and wounded ; while at 
least twenty-nine fell into the hands of the inhabitants. The 
alarm occasioned by these attacks aroused the people, and 
the Assembly readily yielded to the suggestion of the gov- 
ernor to make preparations for defence. A bill was passed to 
issue new currency to the amount of £6,000 sterling for the 
purpose of erecting two large forts, one at Cape Fear and s. r.,xxiii 
the other at Ocracoke, while smaller ones were to be built 
at Core Sound and Bear Inlet ; but only the one at Cape Fear 
was ever completed. The governor, however, had been par- 
ticularly instructed not to assent to a new issue of currency, 
and in violating these directions he imposed terms which he 
hoped would shield him from blame for his disobedience. He 
required that the Assembly should agree that the use of 
commodities in the payment of taxes should cease, and that 
all public payments should be made in proclamation money. 
This was a point gained which the governor had long had 
very much at heart, and from his standpoint it was cheaply 
bought. 



272 



JOHNSTON'S ADMINISTRATION, 1734-52 



1748 



C. R., IV, 

936 



No reports 



Local 
differences 



C. R. 

972 



IV, 



Effort to displace Johnston 

Tlie passage of this currency bill and the disturbed con- 
dition of afifairs in the province, however, led the London 
merchants and McCulloh to make an effort for Johnston's 
removal. Toward the end of 1748 John Morris, Francis 
Corbin, Arthur Dobbs and others began proceedings against 
him, which J. A. Abercromby, who had just been appointed 
agent for the province by the Assembly, very skilfully 
delayed, and then AlcCulloh filed a memorial in his own 
behalf complaining of alleged misconduct on the part of the 
governor, which later seems to have been sufficiently 
answered. One of the allegations against Governor John- 
ston was that he had ceased making any reports to the 
officials at home, but while the Board of Trade stated that 
for five years, between 1741 and 1746, they had received no 
communications from him, it appeared that letters and pack- 
ages had been sent by the captains of the merchant vessels, 
who had not delivered them. Doubtless the governor was, 
however, negligent, for he was receiving no salary and all 
his efforts to procure an adjustment of controversies that 
might result in his collecting rents sufficient to pay salaries 
had been defeated by the non-action of the home government. 

At length, in 1748, the Assembly having passed the cur- 
rency bill with his concurrence, the next year they passed 
tW'O others that afforded him great satisfaction : one pro- 
viding for a codification of the laws and the other to prepare 
a rent roll, requiring that all grants and deeds should be 
recorded for that purpose. The northern counties were 
opposed to all of these measures. Trading to Virginia, they 
naturally wanted a currency of equal value with the Virginia 
currency, and were opposed to any depreciation of North 
Carolina money ; and being now in Granville's territory, their 
pecuniary interest was no longer identified with that of 
the southern counties. Quite an uproar was raised in the 
province in 1749, and the governor in his address to the 
Assembly, now composed exclusively of southern members, 
sought to strengthen them in their position and prevent them 
from yielding to the clamor of their former associates of 
the Albemarle section. "Go on, therefore, gentlemen," he 
said, "and continue in the same good cause you have begun. 



COLL ECTION 

O F 

AU the P U B L I G 

ACTS OF ASSEMBLY, 

O F 

The PROVINCE of 

NORTH'CAROLINA: 

Now in F O R C E and U S E. 



Together with the TITLES of all fuch LAWS a* arc Obfolete, Ex« 

pir'd, or Repeal' d. 



And alfo, an exa<a TABLE of the Titles of the ACTS in Force. 



Revised b^ ComntiJJionert appointed by an AEl of the GENERAL A S- 
S E MB LT of the fatd Province, for that Purpofe i^and Examined with the 
Records, and Confirmed in full Ajfembly. 



IPWI^W'T^ 



NEWBERN: Printed by Jambs Davis, M,DCC,LL 



Facsimile Title Page of the first printed North Carolina Revisal, reduced 



C. R., IV, 

980 



qgo 



JAMES DAVIS, PRINTER 273 

Nothing adds a greater lustre to virtuous and public-spirited ^ 

action than a steady, undaunted perseverance. Let no vain, 
clamorous boasting, no monstrous calumnies and forgeries, 
industriously spread among ignorant people, no petulant and 
noisy behavior in private conversation, the constant attendant 
of a bad and desperate cause, deter or dishearten you." But 
if the governor was firm, so were the leaders of the Albe- 
marle people ; the northern counties were immovable ; still 
the Assembly continued its sessions without regard to the 
vacant seats in the hall, and session after session it passed 
acts of public importance. 

Early in 1749 it appointed an agent to represent the First 
province at London ; and it passed an act to enc'ourage preL "^ 
James Davis to set up a printing office in the province, 
and accordingly in that year the first printing press was 
put in operation in North Carolina, and after that the 
laws were printed at the end of the sessions when they 
were passed and distributed among the counties. There ^- ^•' '^' 
had been a school kept at Brunswick in 1745, and now the 
legislature passed an act to establish a free school, of which 
John Starkey was the author, but which, however, did not 
become effectual ; and it also established new counties, and, 
indeed, conducted legislation as if there were no opposition 
to their enactments within the province. 

Samuel Swann and Edw^ard Moseley had been appointed '^J^ 
commissioners to revise the laws of the province, and the 
revisal having been made, it was reported to the Assembly 
on April 14, 1749. Subsequently this revisal was printed, and 
was known from its sheepskin binding as "Yellow Jacket." 

It was in 1748 that we have a last view of the poor Pala- 
tines as a distinct body. The land on which they had located 
was originally granted to De Graffenried. who to obtain 
needed supplies for his people had mortgaged it to Colonel 
Pollock. In the next generation the mortgage was fore- Palatines 
closed and the Palatines lost their homes. On their petition 
to the king. Governor Johnston was directed in March, 1748, 
to allot to them an equivalent in lands elsewhere, and to 
exempt them from any rent for ten years. Two years later 
Governor Johnston gave them lands in what are now Craven, 
Jones, Onslow, and Duplin counties, where their descendants 



r ellow 
Ja. ket " 



274 JOHNSTON'S ADMINISTRATION, 1734-52 

'750 are still to be found — many of their names, however, having 

in the passage of time been anglicized, as has also been the 
case with the Germans of the interior. 
Wreck of About two ycars after the attack on Brunswick, in a great 

fleet storm on August 18, 1750, five vessels of the Spanish mer- 

cantile fleet were cast ashore on the coast ; one was lost at 
Currituck Inlet, one was sunk at Cape Hatteras, one was 
beached at Ocracoke, one at Drum Head Inlet and one 
near Topsail. The cargoes were all valuable, that of the 
vessel wrecked at Ocracoke being worth a million dollars. 
Its commander, Don Bonilla, made no application for aid, 
but for some weeks was carrying on futile negotiations with 
the neighboring bankers for small vessels to carry off his 
cargo. Eventually, however, Governor Johnston sent 
Colonel Innes there to give security and protection to the 
shipwrecked mariners and the valuable merchandise. On 
arrival he found that the Spanish captain had loaded his 
silver on two small sloops, one of which slipped away, carry- 
ing off a hundred chests of silver, but the other Colonel 
Innes was able to secure, and eventually the property was 
returned to its owners. 

The contest between the counties 

It was long before the Crown officers took action in the 

matter in dispute between the old and the new counties ; 

but eventually they directed depositions to be taken touching 

the facts underlying the respective contentions. On the 

part of the governor and new counties it was asserted that 

the right of the old counties to five representatives was 

founded on the biennial act, which had been repealed by 

c. R., IV, the king. On the other hand, the old counties traced back 
1 152-1225 

the privilege to the Fundamental Constitutions, under which 
Albemarle was divided into four precincts, each allowed 
five representatives ; and although it was admitted that the 
Fundamental Constitutions had long ceased to be operative, 
yet it was claimed that rights under it had been sanctioned 
by usage. Wyriott Ormond and Thomas Barker were 
appointed the agents to manage the affair, and they con- 
ducted it with great skill, while all the other leaders and 



THE UNARMED REBELLION 275 

public men of the northern counties zealously co-operated ^sj 

with them. 

Yet the southern counties were also active, and when the 
Assembly met in March, 1752, holdini:^ its eleventh session, 
there were high hopes that these differences would be 
speedily determined conformably to the wishes of the 
governor. These expectations, however, were not realized, 
and the evil conditions continued to prevail. How evil they 
were may be gathered from the testimony of Bishop Spangen- 
berg. "In the older counties," wrote the bishop from Eden- Cessation of 

. „ , < 1 • r 1 . courts 

ton m September, 1752, 'there is perfect anarchy. As a c. r.. iv, 
result, crimes are frequently occurring, such as murder and '^" 
robbery. The criminals cannot be brought to justice. The 
citizens do not appear as jurors, and if court is held to decide 
such criminal matters no one is present. If any one is im- 
prisoned the prison is broken open and no justice is admin- 
istered. In short, such matters are decided by blows. Still 
the county courts are held regularly, and what belongs to 
their jurisdiction receives the customary attention." The 
condition, however, was not altogether bad, for while the 
people would not recognize the new courts organized under 
laws passed since they were denied representation, yet they 
maintained in full vigor the old county courts held under 
the long established laws of the province. Local govern- 
ment w^as thus maintained despite the unarmed rebellion and 
the apparent anarchy and confusion, and the progress and 
development of the province was not materially interrupted. 

But Governor Johnston did not live to see the end of the j'^IiTnston-'s^ 
controversy. On July 17, 1752, death terminated his long "^"""'^i"- 
and stormy administration. Save the era of good-will, 
ushered in by the passage of the currency act of 1736, which 
was disallowed by the king, there were always conten- 
tions that disturbed the province while he was governor. 
Many of these sprang from his own action. Ardently desir- 
ing to promote the welfare of the inhabitants, he was anxious 
to establish a permanent capital, to have the laws codified 
and courts provided for, while the payment of his salary 
depended on the collections of rents and the preparation 
of a rent-roll. In seeking to accomplish these purposes he 
resorted to management and methods that resulted in the 



tion 



2/6 JOHNSTON'S ADMINISTRATION, 1734-52 

U^ unarmed rebellion and the great confusion that prevailed 

in the northern counties. Still he left the province much 
more populous than when he arrived. Precincts were 
converted into counties, court-houses built, the southern 
boundary in part established, and the vexed matter of rents 
and the currency question settled ; and the laws were codi- 
fied, a better court system inaugurated, and considerable 
advances made in government. 

During his administration, in 1748, the office of treasurer 
of the northern counties was created, and Thomas Barker 
was appointed to it, and Edward Moseley was appointed 
treasurer of the southern counties. On Moseley's death, 
Eleazar Allen succeeded him, and when Allen died, in 1750, 
a controversy arose over the exclusive right of the lower 
house to designate the treasurers. After some unavailing 
contention the upper house concurred in the appointment of 
John Starkey. By an act of 1754 Barker and Starkey were 
again appointed, but whenever a new appointment was to be 
made the upper house asserted a right to participate in the 
election, always, however, in the end relinquishing its pre- 
tension and concurring in the appointment made by the lower 
house. The period of Johnston's administration is, more- 
over, remarkable for the rapid settlement of the western part 
of the province. 

The growth of the west 

Population While Virginians continued to cross the line into the upper 
portions of Granville County, the more remote interior came 
to be occupied by an influx of unexpected settlers. The north 
of Ireland had in Charles I's time been settled by Scotch 
Presbyterians, who were now removing in large numbers 
to the New World. Some came to Charleston, and pushed 
into the up-country from that point, but still greater num- 
bers landed at Philadelphia, and having made some settle- 
ments in Pennsylvania, turned southward, and by 1739 
reached the Valley of Virginia. Others pressed still further 
to the south, and by 1745 made settlements in that well- 
watered district between the Catawba and the Yadkin, which 
has been called a veritable Mesopotamia. These were soon 
followed by another stream of immigrants known as the 



increases 



IMMIGRANTS 277 



Pennsylvania Dutch — Germans who had previously located ^52 

in Pennsylvania.* These settlers made "the great wagon 
road from the Yadkin River through Virginia to Philadel- Oc-rmans 
phia, distant four hundred and thirty-five miles," of which a Icotch-irish 
map is preserved in the Library of Congress. It ran "through ^^R-, iv, 
Lancaster and York to Winchester, thence up the Shenan- 
doah Valley, crossing the Fluvanna River at Looney's Ferry ; 
thence to Staunton River and down the river through the 
Blue Ridge, thence southward crossing the Dan River below 
the mouth of Mayo," and on near Salem to the mouth 
of Reedy Creek. Other settlers from Virginia and the 
north came farther east, by the old Red House in Cas- 
well County, and then followed the Indian trail across the 
Haw to Trading Ford, near Salisbury. In 1746 Mat- 
thew Rowan was in the western region, and estimated 
that there were not above one hundred fighting men 
in the entire section between A^irginia and South Carolina. 
Seven years later he thought that there were then thirty 
times as manv, and said their numbers were increasing c. r., v, 24 
daily. These immigrants, coming in bodies, settled in 
neighborhoods to themselves, forming respectively German 
and Irish communities, scattered here and there throughout 
the wilderness, and maintaining their customs and manners 
as well as speech and characteristics, and largely transmitting 
them to their posterity. 

Similarly, Quakers from Virginia and Pennsylvania in Weeks's 

-^ '^ ^^ ' Southern 

1750, or earlier, located at Cane Creek and at New Garden; Quakers 
and from time to time their numbers were increased by ac- 102-ior"^' 
cessions until the Society of Friends gave a particular cast 
to the inhabitants of that section. 

The territory north of Granville's line being withdrawn Orange 
from the king's domain, and about sixteen hundred square r°^^ ^ 
miles between the Catawba and the Uwharrie having been set 
aside for McCulloh, and the line dividing the province from 
South Carolina not having been run beyond the Peedee, the 

^Pennsylvania was dominated by the Quakers, who lived chiefly 
in the eastern part of that province, and would make no prepara- 
tions for defence against the Indians. When the Indians became 
hostile, through the influence of the French, the settlers on the 
frontier, getting no protection from the Quaker government, sought 
more secure homes in western Carolina. 



278 JOHNSTON'S ADMINISTRATION, 1734-52 

^ administrative officers paid but slight attention to these 

interior settlements that were growing so rapidly, almost 
without their knowledge and entirely independently of their 
influence. Still the extension of population westward from 
the seacoast counties was realized, and by 1752 the upper 
parts of Bladen, Johnston, and Granville becoming well popu- 
lated, a new county, called Orange, was erected, beginning 

c. R., IV, ^^ |-i-,g Virginia line, near Hyco Creek, running south to 
where Granville's line crosses the Cape Fear, and then west 
with Granville's line to the Anson line, and with the Anson 
line north to \^irginia. 

do'Ti°by ■'■" ^^^^ ^^1^ ^""^ winter of that year, 1752, Bishop Spangen- 

Spangen- bcrg uiadc an extensive journey throughout the western 

berg, 1752 ; . 

region to locate one hundred thousand acres of land pur- 
chased from Lord Granville for the Moravians. Setting out 
from Edenton in September, on November 12th he camped 
C.R.. IV, Qj-^ ti^g Catawba near what he called the "Indian Pass." The 

IJ12 et seg. 

nearest settlement was that of Jonathan Weiss, or Perrot, a 
hunter, twenty miles distant. He found many hunters about 
there who lived like Indians, and whose purpose was to 
secure skins and furs for sale. A w^eek later the bishop was 
near Quaker Meadows, about two miles from the site of the 
present town of Morganton. Here he thought himself fifty 
miles beyond the settlements. The whole w^oods were full 
of Cherokee Indians pursuing game. Higher up the Middle 
Little River he found the remains of an Indian fort, where 
apparently the Indians had lived some fifty years earlier, and 
other indications of Indians having inhabited that region 
were met with later. It was in that vicinity that Lederer 
stopped in his explorations, 1670, and Dr. Brickell found 
Indians there in 1731. 

Entering the mountains by mistake, on December 3d the 
bishop reached a branch of New River at an old Indian field, 
and followed that river to within fifteen miles of the Virginia 
O'*'^" line. Then turning southward, he reached the head waters 

of the Yadkin, and coursing down a very rapid stream, 
eventually got out of the Blue Ridge Mountains and returned 
to the Yadkin, where he found a Welshman, Owen, who had 
settled on that stream the preceding spring. This was four 
miles above an old Indian settlement, known as Mulberry 



THE MORAVIANS 279 



Fields, not far from Wilkesboro. But except Owen's, the ^^^^ 

bishop understood there was no other habitation within sixty 
miles. Later the Moravians found seventy-three thousand 
acres in one body, one hundred and fifty miles from a land- 
ing on the Cape Fear and three hundred and fifty miles from 
Edenton, and there they made their settlement. 



CHAPTER XX 
DoBBs's Administration — 1754-65 

Dobbs's visit to Point Lookout. — President Rowan. — County of 
Rowan. — Old style abolished. — The French claim. — Christopher Gist. 
— The French invasion. — Innes's regiment. — Innes commander-in- 
chief. — Decision of vexed questions. — Dobbs appointed governor. — 
Instructions to Governor Dobbs. — The constitution reformed. — 
Dobbs reaches New Bern. — The growth of the province. — The Indian 
inhabitants. — The Croatans. — The old counties elect their five mem- 
bers. — The new Assembly. — Tower Hill. — The French and Indian 
War. — The frontier settlements. — Fort Dobbs. — The first news- 
paper. — North Carolina troops in the war. — Alajor Hugh Waddell. 
— Fort Duquesne taken. — IMcCulloh's grant. — Internal matters. — 
Dobbs County. — The governor arbitrary. — The king's bounty. — 
Causes of difference. — The house outwitted.— The Enfield riots. — 
The Assembly protests. — The governor not sustained. — The court law 
annulled. — No courts held.- — A new Assembly. — The Assembly reso- 
lute. — The secret session. — The governor makes terms. — Courts re- 
established. — The Cherokee war. — The western counties desolated. — 
Fort Dobbs attacked. — Bethabara threatened. — Walnut Cove sur- 
rounded. — Conditions more peaceful. — King George III. — Some 
differences reconciled. — At the end of the war. — The council declares 
its patriotism. — Population. — The Indians. — Abortive efforts for free 
schools. — The courts. — Religious conditions. — Republicanism rife. — 
British views with reference to America. — The right to tax claimed. 
— The Assembly of 1764. — The Weekly Post Boy at Wilmington. — 
Tryon appointed to relieve Dobbs. — The public agitated. — The firm 
stand of the Assembly. — Claims exclusive privilege of imposing taxes. 
— The Assembly concurs with Massachusetts. 

Extracts from Governor Dobbs to the Board of Trade 

^ DOBBS'S VISIT TO POINT LOOKOUT 

I set out from New Bern April 9, 1755, to view the River Neuse, 
and proceeded up it near one hundred miles to the falls to see 
what proper situations were upon that river for the seat of govern- 
ment, as being the most central and convenient for the whole 
province. The most convenient place is at Stringer's Ferry, on the 
north side of the river, about four hundred yards from it, upon a 
gentle rising ground near forty feet higher than the river. It is 
about forty-two miles by land from New Bern to it. 

I arrived here [Portsmouth Harbor] last night from Edenton 
by water in a sloop. We passed through Albemarle Sound, Roanoke 



DOBBS J'ISirS POINT LOOKOUT 281 

or Croatan, and Pamlico Sounds, and so over the swash to Occa- '755 

cock Island ; and from thence to this road near Core Banks, where 

I summoned the commissioners to meet me to fix upon a place to 

erect a fort or battery to protect the ships in the harbor, out of 

which they were taken by privateers last war. The storms, they 

tell me, for some years past have made vast havoc among these sandy 

islands. The opening of Occacock Inlet, betwixt this and that inlet, 

is enlarged from two to four miles. Beacon Island, which lays 

betwixt them, within the entrance, is one-half washed away, and 

become only a dry sand at low water. ... A town is laid out 

called Portsmouth, where the merchants propose to erect warehouses 

to lodge their goods in and load all their goods in large ships here 

by lighters from the several towns of Edenton, Bathtown and New 

Bern. The company sailed hence to Virginia about three weeks 

ago. We hope they are now near their rendezvous. I proceed from 

this to view the harbor at Cape Lookout and Topsail Inlet. . . . 

Of Cape Lookout, he says, I have gone up in a canoe within Core 

Sound, and no vessel being in the harbor, I had no boat to sound it ; 

but all agreed to the depth laid down, and that the French and 

Spanish privateers had known it of late years, brought in their 

prizes there, wooded, watered and heaved down their vessels, and 

sent ashore and killed the cattle and furnished themselves with fresh 

provisions and excellent fish. . . . This I fixed upon as the only 

proper place to build a fort upon, but as this harbor is the best, 

although small, of any harbor from Boston to Georgia, and may be 

of the utmost consequence to the trade and navigation of England, 

where all our cruisers can ride in safety, as in a mill pond, and 

warp out at any time in an hour ; where they can wood, water and 

clean, and be at sea in a few hours ; where the whale fishers of the 

northward have a considerable fishery from Christmas to April, when 

the whales return to the northward; and where our trading ships 

may have always a safe harbor upon easterly storms; and the 

whole bay without, a safe road against all but southwesterly winds, 

when they can run into the harbor ; and since in time of war it 'has 

been and will be a place of safety for French and Spanish privateers, 

to infest the whole coast, I think it should be made a station for our 

guardships or cruisers. 

Rowan's administration 

On the death of Governor Johnston, Nathaniel Rice,* who 
was the ranking councillor, took the oaths of office as presi- 

*Rice was secretary of the province, and Henry McCuUoh was 
appointed to succeed him in that office. 



282 DO BBS'S ADMINISTRATION, 1754-65 

^753 dent, but he himself did not long survive his accession to this 

dignity. He expired in the following January, Matthew 

c. R., V, 38 j^owan succeeding him in the administration. Rowan was 
one of Burrington's councillors, and had for twenty years 
been of the council and was highly esteemed in the province. 
The old Assembly, which had now dwindled away to about 
sixteen members, continued to meet, one session being held 
in the spring of 1753, when, among other acts, it passed one 
recognizing the large immigration to the western section, 

Rowan ,°. , . =' , '^ ^ T-,® , r , r 

Ouinty estabhshmg the county 01 Rowan, composed of that part of 

■' ' ' Anson which lay north of Granville's line. This Assembly 

held its first session in February, 1747; but at that time the 

year began on March 25th, so that the record in its journal 

states that it was begun in February, 1746. By a British 

New Style statute passed in 1750 "the old style" was abolished, and the 
year thereafter was to commence on January ist; and two 
years later eleven daA^s, being those from September 3d to 
the 13th, inclusive, were omitted from the reckoning in order 
to readjust and reform the calendar.* 

The French invasion 

Hardly had President Rowan been qualified before matters 
of great importance claimed his attention. In view of prob- 
able encroachments by the P'rench in the interior, the king 
had directed the governors of the American colonies to be 
prepared for such an emergency. In possession of Louisiana 
and of Canada, the French claimed the whole intervening 
territory, and upon their first movement toward taking pos- 
session along the western slope of the Alleghanies, the Ohio 
Company in 1750 sent to North Carolina for Christopher 
Gist, then at his home on the banks of the Yadkin, where it 
approaches the Virginia line, and emploved him to visit the 
Ohio region and make friends of the Indians. Crossing the 
mountains on the head waters of the Potomac, he went far 
into the Indian country, breaking the hold of the French 
upon the tribes there, and the next year he went again to the 
same region and established the first English settlement 

*The shortest day in the year had fallen on December loth ; now 
by this rectification of the calendar it became December 21st. 
March 25th was, centuries earlier, the date of the vernal equinox, 
and hence was originally made the beginning of the new year. 



GIST VISITS THE OHIO 283 

across tlic mountains. Governor Dinwiddle now proposed ^ 

an embassy to the lakes, and a party was formed consisting 
of George Washington, an interpreter, two Indian guides, 
and Gist. On the return, Washington, taking Gist as his sole 
companion, separated himself from the others and success- 
fully completed the journey that made him famous, even at 
that early age. But the French were not to be deterred from c. r.,v, 392 
their purpose, and speedily invaded western Virginia. To 
meet them. Governor Dinwiddle proceeded to organize an 
army, and North Carolina was called on to assist. In March 
the Assembly voted an aid to the king of £40,000, of which 
i 1 2,000 was for the purpose of organizing a regiment of 
seven hundred and fifty men for service in Virginia ; several 
thousand for the construction of forts, and £6,000 for 
Starke}' 's public school ; and under this act £22,000 of paper 
money was struck ofif. At the moment it was thought that 
Virginia would provide the supplies for these troops, but that 
province would not furnish the needed provisions, so in view 
of the larger expense than was at first contemplated the 
number of men to be enrolled was reduced to two hundred 
and fifty. President Rowan appointed Innes to the command Jegrmcu 
of the regiment ; and the other officers were Caleb Granger, '"+ 
lieutenant-colonel; Robert Rowan, major; and captains 
Thomas Arbuthnot, Edward Vail, Alexander Woodrow, 
Hugh Waddell, Thomas McManus, and Moses John DeRos- 
set. At that early period North Carolina learned the lesson 
that war is largely a question of finance. The northern 
counties would not circulate the new currency, as they did 
not recognize the legality of the Assembly, nor would they 
pay the taxes laid to meet these bills. This currency would c.r.,v,3I3 
not, therefore, pass in Virginia ; so without specie, and our 
currency being at a great discount abroad, in order to supply 
these troops the Carolinians drove beef cattle and hogs to 
Virginia, where they had to be sold at a sacrifice. 

Governor Dinwiddie, knowing the capabilities of Colonel c. r.,v, 125 
Innes, on June 3d tendered him the appointment of com- [°'^^^"'^"" 
mander-in-chief of all the forces to be employed against the 
French. At that time Colonel Innes was in North Carolina 
superintending the departure of his regiment, but he hastened 
to the front, and two days after the Great Meadows disaster 



284 DO BBS'S ADMINISTRATION, 1754-65 

U;2 reached \\'inchester, and hurrying on to Wills Creek, took 

formal command. After that reverse it appeared to Gov- 
ernor Dinwiddle that the available force was not sufficient 
to attack the French, who had fifteen hundred men, while 
Innes had but seven hundred and fifty ; and because it was 
not thought well to advance for the want of provisions, 
Governor Dinwiddle suggested that the troops be scattered, 
some being sent to Alexandria and some stationed at Win- 

f 'o^r ^' Chester. The supplies for the North Carolina troops becom- 
ing exhausted, and Virginia being unwilling to furnish any, 
on August nth, at Winchester, the North Carolina regiment 
was disbanded and sent home, leaving for defence only about 
one hundred and fifty troops, which Virginia had at the front. 
Colonel Innes remained in command until October, 1754, 
when he was superseded by Governor Sharpe, of Maryland, 
who had been particularly designated by the king to be the 
commander-in-chief; but although superseded, Innes con- 
tinued in service as camp master general, completed the con- 
struction of Fort Cumberland, made treaties with the Indians, 
and organized the forces. 

the^vexed"^ While thcsc matters were in progress North Carolina 

question affairs had received attention in London. Upon being in- 
formed of the death of Governor Johnston, the king, on 
January 25, 1753, appointed Arthur Dol)bs to succeed him. 

c. R., IV, Governor Dobbs had apparently been interested in North 

Carolina matters as early as 1733, and in 1735 had a grant of 
twelve thousand five hundred acres on Deep River and one 
for sixty thousand acres on Black River, in New Hanover 
Precinct. He also had a grant for a large territory between 
Salisbury and the Catawba Indians, and on these tracts in 
1757 there were some seven hundred inhabitants. His inter- 
est in North Carolina was so active that in 1749 he had 
co-operated in the movement to have Johnston removed. 

Follovv'ing his appointment, the Board of Trade being 
directed to prepare instructions, were confronted with the 
various undecided questions relating to the province that 
had been so long before them, and which they now took steps 
to have determined. 

fo8!^i'iJ-'ii6' The whole constitution and all the laws of the province 
were at their instance subjected to a very close examination. 




1. ST. Paul's Church, Edenton 
2. Arthur Dobbs 3. Hugh Waddell 

4. Court House, Edenton 



OPINIONS OF LAW OFFICERS 285 

The law officers thought that the usage which had prevailed, ^ 

by which the old counties had five representatives, was not 
shown to be illegal ; but they considered that fifteen might 
properly be a quorum of the Assembly. In their opinion the c. r.,v, si, 
king's prerogative extended to the establishment of counties '° ' "^~" 
and the incorporation of towns, and fixing their right of 
representation, and they held that those matters were not 
within the cognizance of the legislature. 

Since fifteen was held a quorum, the Assembly of 1747, 
which was still in existence, was a legal body, and all its 
acts were valid until repealed. But the act depriving the 
northern counties of their five members, it was considered, 
had been passed by management, precipitation and surprise, 
and that, together with the act fixing the seat of government 
and establishing the circuit court was for that reason declared instructions 

"-^ _ _ to (jovenior 

inoperative. In conformity with the recommendation of the ^'°'^^''„ 
law officers, instructions to Governor Dobbs were drawn, di- 1107' 
recting the repeal of all laws establishing counties, and order- 
ing him to issue charters for counties and for towns and to 
fix their representation in the Assembly ; and also to repeal 
all laws establishing places for holding the courts and for a 
seat of government. Likewise the acts relating to quit rents 
were repealed, and the rents were again declared to be pay- 
able only in money ; and also many other laws that had long 
been in use in the province were now annulled by the king. 
Indeed, the whole constitution was reformed and the 
Assembly was shorn of many of the powers it had exercised. 
Still, the exclusive right to levy taxes remained to that body, 
and the power now claimed by the Crowai to fix the seat 
of government and establish courts could avail but little if 
the Assembly would not provide the means to make it effec- 
tive. Since the acts establishing counties and allowing repre- 
sentation were annulled and no longer in force, the governor 
was directed to issue his writ for the election of an Assembly 
to consist of sixty members, each county having the par- 
ticular representation which the Crown had fixed and allowed 
it, being, however, exactly the same as before the act of 1747, 
except that some counties and towns were overlooked and 
inadvertently omitted. 

About the end of July, 1754, Governor Dobbs sailed from 



286 DOBBS'S ADMIXISTRATIOX, 1754-65 

^f* England, and reached Virginia after a voyage of ten weeks. 

For more than a month he was engaged in arranging with 
Governor Dinwiddie and Governor Sharpe of Maryland the 
details of a plan of campaign against the French, and he 
reached New Bern only at the close of October. Immedi- 
ately on arriving he proceeded to make himself acquainted 
with the affairs of the province, and called for a militia 

c R., V, 161 return. As indicating the extension of population at that 

Population . '^ . . '^ ^ 

time, Bertie reported 720 men for military duty ; Northamp- 
ton, "727 men, which was thought to be 200 short ; Edge- 
combe, 1 31 7; Granville, 734; Orange, 490; Anson, 790; and 
Rowan, 996. At Wilmington. Governor Dobbs found 
seventy families and at Brunswick twenty. There were six- 
teen vessels in the Cape Fear River, while it was estimated 
c. R.,v,i58 that one hundred came in annually. Eighteen feet of water 
was reported at the bar. At Wilmington a good town house 
had been built, and a brick church stood ready for the roof ; 
while at Brunswick the church, also of brick, was not quite 
so far advanced. Forts had been begun below Brunswick, 
at Ocracoke and at Beaufort. 
The^ndian 'pj-jg Indian war being in progress,* particular inquiries 
c. R.,v, were made as to the location of Indians in North Carolina. 
In Bertie County there were reported a hundred warriors 
of the Tuscaroras and two hundred women and children. 
In Chowan, two men and three women and two children. In 
Granville County there were the Saponas, with fourteen men 
and fourteen women. The Meherrins had seven or eight 
fighting men in Northampton. The report concludes : ""'These 
are all the Indians except about eight or ten Mattamuskeet 
Indians, and as many on the islands or banks, a total of 
twenty." The reports of the colonel of Bladen County and 
of Captain William Davis, who had a troop of light horse, both 
said "no Indians" in that county. Colonel Rutherford of that 
county, who was also the receiver-general, added this mem- 
orandum : "Drowning Creek, on the head of Little Peedee, 
fifty families, a mixed crew, a lawless people, possess the 

*At the first session of the general court for the southern counties, 
including Rowan, after the arrival of Governor Dobbs. the grand 
jury, in an address to him. stated that seventeen persons had been 
murdered and ten carried off by the Indian enemy. 



161, 331 



REPORTS ON INDIAN INHABITANTS 287 

lands without patent or paying c[uit rents ; shot a surveyor for ^ 

coming to view vacant lands, being enclosed in great swamps. 
Quakers to attend musters or pay as in the northern 
counties." These reports show that there were no Indians J^'Tatans 
there, but that some fifty families of mixed blood had settled 
themselves on Drowning Creek. These doubtless were the 
same people who in more recent times have been called Croa- 
tan Indians. Their origin is obscure, but probably they came 
up from South Carolina — "a mixed crew." Quakers had 
settled at Carver's Creek as early as 1740. 

Governor Dobbs on his arrival issued a proclamation dis- xhe 
solving the Assembly of 1747, and calling for the election "Xmon 
of new members. His writs were directed to all the counties successful 
conformably to his instructions, and five members were once 
more returned from the northern counties. Thus the end 
had come of the "Long Assembly," and the northern counties 
rejoiced in their right to send five representatives, while the 
new counties had but two. 

When the new Assembly convened, in December, 1754, the c.r., v,is4 
animosities that had so long existed between the sections 
had not subsided, and for speaker there was a tie vote, the 
candidates being Sam Swann, the speaker of the last 
Assembly, and John Campbell, who respectively represented 
the warring factions. Some of the northern members had ^^J^^^^'" 
not then come in, while Swann had no hope of any consider- 
able accessions to his supporters, and so, realizing his defeat, 
he withdrew from the contest and Campbell was unanimously 
chosen. In their reply to the governor's address the Assembly 
said : "We shall endeavor to obliterate the remembrance 
of our former contests and the ill consequences that 
attended them ;" and in an address to his Majesty they re- 
turned their sincere thanks that he had been pleased ''to 
examine the constitution of the province and to repeal several 
laws repugnant thereto, whereby the people, by your 
Majesty's favor, are restored to their ancient rights and priv- 
ileges, and the contests which subsisted among us are happily 
terminated." 

After Governor Burrington's time the governors had kept ^^^'^^^\ 
their instructions private, except such as were particularly 
intended to be made public. Governor Dobbs now laid before 



213, 249, 254 



288 



DO BBS'S ADMINISTRATION, 1754-65 



>754 



Court law 



the Assembly his instructions claiming for the king the right 
to select a place for the seat of government and to designate 
the places at which courts should be held. Although this 
was in derogation of the long-established power of the legis- 
lature, the Assembly without making any point of it con- 
formed its action to the king's command, and when consider- 
ing a bill establishing supreme courts of justice, requested 
the governor to designate the several places where he would 
appoint the courts to be held. The governor designated 
New Bern and Edenton for the counties near those towns ; 
Enfield for Northampton, Edgecombe and Granville ; Salis- 
bury for Rowan, Orange and Anson, and Wilmington for the 
Cape Fear counties. Thus a new court law was passed 
in 1754. 

In regard to the repeal of the acts establishing counties, 
the Assembly requested the governor to solicit the king not 
Counties and to repeal them because of the many inconveniences that 
Is^blished would cusue, and further, that he would allow the Assembly 
to continue to establish new counties, reserving to the king 
the power of granting charters to towns, establishing fairs 
and appointing places for holding courts of justice. Agree- 
ably to this request, the governor recommended to the Board 
of Trade that the desire of the Assembly should be complied 
with, and in June, 1755, additional instructions were given, 
c. R.,v, 406 allowing the Assembly to re-enact all laws establishing 
counties and towns, provided that they should contain no 
clause allowing representation, as that was to be the exclusive 
right of the king. 

For the seat of government the governor selected a site 
at Tower Hill, near Stringer's Ferry, on the Neuse, but he 
had been instructed not to definitely locate it except after 
consultation with the Assembly. In 1756 he brought that 
site to the attention of the legislature, and a committee was 
appointed to examine and report upon it, which they did 
favorably. 

Governor Dobbs also communicated to the Assembly a 
proposition from George Vaughan, of Lisbon, Ireland, who 
had called his nephew, John Sampson, home from 
Duplin County and arranged the details of a plan to trans- 
port immigrants to that county, and had purchased a ship 



c. R., V, 

342 

Tower Hill 
as site for 
Capitol 



FRENCH AND INDIAN WAR 289 

for that purpose, and also to eng-age in trade, with a view U^s 

of creating a fund for the establishment of a seminary, with 
the expectation that the Assembly would lay a tax on all the 
negroes in the province to increase it ; but the Assembly did 
not act upon the subject of the seminary. On the contrary, 
the i6,ooo then in hand to establish a public school was 
diverted for purposes of defence. 

The war had been conducted with but ill success, and now a "^K^,^^?"'^^ 
company of one hundred men was raised to serve at the war 
north for a year and ten months, and fifty men were enlisted 
to defend the western part of the province. Of the former, 
the governor's son, Edward Brice Dobbs, an officer of the 
British army who had accompanied his father, was appointed 
the captain, and that company joined the army in Virginia, 
then under the command of General Braddock. General '755 
Braddock was sent from England with several British regi- 
ments and was invested with supreme command of military 
afifairs in the colonies. He led his forces into the mountains 
near Fort Ducjuesne, where on ]u\\ Qth he suffered a terrible 
defeat, himself being killed. Captain Dobbs's company was 
fortunately not in this disastrous engagement, being with 
Colonel Dunbar, at that time scouting in the woods. After 
this defeat, Colonel Dunbar, who succeeded to the command, 
precipitately withdrew to Philadelphia, leaving Colonel Innes 
in command at Wills Creek, and the North Carolina com- 
pany remained there with him on the frontier. However, 
during the summer Colonel Innes, being very much dissatis- 
fied with his situation and the management of afifairs, re- 
signed and returned home. 

On our own western frontier some of the Indians had i'^^ 

. . , . , . ~ . frontier 

become hostile, m one settlement havmg slam some fifteen 
persons and carried off captive about an equal number. They 
ranged at will through the frontier settlements and caused 
much apprehension in the western districts. To arrest them, 
Captain Waddell, with a company of frontiersmen, scouted 
along the mountains. 

In the summer of that year, 1755, Governor Dobbs visited 
the western part of the province, passing through Salisbury, 
which then consisted of seven or eight log houses and the 
court-house. He viewed his extensive tract of land in that 



290 



DOBBS'S ADMINISTRATION, 1754-65 



1755 

C. R., V, 

3S5. 356 . . 
Dobbs visits 
the West 



C. R, V, 

357 



1753 
Moravians 



C. R., V, 

1 148 



Clewell, 
Hist, of 

Wachovia 



Weeks, Press 
of North 
Carolina in 
Eighteenth 
Century, i6 



vicinity, lying on Rocky River and its branches, which had 
been patented in 1746, and he found seventy-five famihes 
located on it. He visited between thirty and forty of them, 
each having from five to ten children, who went barefooted 
and with a single garment in warm weather ; while no woman 
wore more than two thin garments. They were Scotch-Irish 
Presbyterians, who had settled together in order to have a 
teacher of their own opinions and choice. Besides, there 
were twenty-two families of Germans or Swiss, all industri- 
ous. They raised horses, cows, hogs and sheep ; Indian corn, 
wheat, barley, rye and oats ; made good butter and tolerable 
cheese, and had made good success with indigo. Captain 
Waddell was then on the frontier, and Governor Dobbs 
selected an eminence with good springs on Third Creek for 
a fort of refuge for the settlers, which was afterward begun 
by the people and finished by direction of the Assembly. It 
was named Fort Dobbs in his honor. The southern Indians, 
however, remained faithful to the whites, and the troubles 
at that time were soon quieted. 

In November, 1753, the Moravians, coming by way of 
Winchester and Saura Gap, made their first settlement on the 
land Bishop Spangenberg had purchased on the Yadkin, 
calling it Bethabara. The hostile Indians at the north now 
drove many settlers from Pennsylvania to North Carolina, 
where they located on Muddy Creek, South Fork, and neigh- 
boring streams. Many also stopped at Bethabara. For pro- 
tection against the Indians the Moravians enclosed their mill 
and settlement with palisades, but they were not interfered 
with. In 1758, many Cherokees and Catawbas, going north 
to aid the English, passed through the Moravian settlement, 
being well provided there with provisions and otherwise 
kindly treated. It was during this period of war, when in- 
formation of passing events was eagerly sought, that the 
first newspaper was published in the province. Franklin, 
the postmaster-general for the colonies, in the summer of 
1755 appointed James Davis, the printer, postmaster at New 
Bern ; and the following October the Assembly authorized 
a post to be run every fifteen days between Suffolk and 
Wilmington, Davis undertaking to send the messengers ; and 
he also conveyed at stated periods letters and packages to 







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FRENCH AND INDIAN WAR 



291 



every county in the province. This opened the way for 
Davis to issue a newspaper, and probably in December, 1755, 
^ began the pubHcation of the North Carolina Gazette. The 
Gazette continued to furnish its readers with "the freshest 
advices, foreign and domestic," at the price of sixteen 
shilHngs per annum, for six years, when, perhaps because 
unremunerative, the pubHcation ceased. 

At the third session of the Assembly, which met on Sep- 
tember 30, 1756, Speaker Campbell was unable to attend 
because of ill health, and Sam Swann was chosen speaker. 
The necessity of maintaining a force in the field was now 
thoroughly appreciated by the Assembly, and strenuous 
efforts were made to co-operate with Governor Dobbs. 
£4,000 were appropriated for the erection of the fort at the 
west, and another company, under Captain Andrew Bailey, 
was employed in that quarter. 

In the spring of 1757 South Carolina was threatened by the 
Indians on her frontier, and two-thirds of the militia of the 
lower counties were ordered to be held in readiness to march 
to the assistance of that province. To supplement the forces 
in Virginia, especially in their scouting operations, bands 
of Indians from the Meherrins and Tuscaroras, as well as the 
Catawbas, were sent northward to join the army now under 
the command of General Forbes. Captain Dobbs's company, 
as well as Captain Caleb Granger's and Captain Arbuth- 
not's (with whom were Lieutenant Henry Johnston, Lieu- 
tenant Ferguson and Ensign David Rogers), and also Cap- 
tain McManus's company (John Payne being one of the 
lieutenants), after serving in Virginia, were formed into a 
battalion and sent to New York under the command of Cap- 
tain Dobbs, who was now promoted to be major. There 
Captain Granger's company served in the Crown Point cam- 
paign. On the return of Lieutenant Payne, he was promoted 
to be captain, and later he marched his company to South 
Carolina. 

In 1758 two other companies were raised, one for Fort 
Johnston, under Captain James Moore, who also led his com- 
pany to South Carolina ; and one for Fort Granville, on the 
coast, under Captain Charles McNair. During that year 
300 men were sent to join General Forbes ; 200 went by sea, 



1756 



C. R., V, 

688,717 



F.>rt Dobbs 



C. R, V, 
XXV It seq. 
C. R., V, 

967 

Haywood, 
Heginnliig 
of Freema- 
sonry in 
North 
Carolina, 4 



Service at 
the North 



C. R., V, 

07 



292 DO BBS'S ADMINISTRATION, 1754-65 

^ and 100, taken from the western frontier, passed up the 

Valley of \'irginia, and with these troops were a number of 
Cherokee Indians, the whole battalion being under the com- 
mand of Major Hugh Waddell, who had won great fame 
for his courage and capacity. 

William Pitt was now at the helm of affairs in England, 
and was prosecuting the war with great vigor. The disasters 
of the previous campaign were to be succeeded by strenuous 
endeavors for victory. In Virginia, General Forbes pushed 
forward toward Fort Duquesne ; but winter set in while 

Waddell, he ^vas still forty miles from his destination. In that moun- 

A Colonial ... 

Officer, 61 tainous wilderness, without information, and ill prepared for 
a siege of the fort or to pass the winter in that desolate 
region, the general was in such sore straits that he offered 

c^ R., VI, ^ reward of ±50 to any one who would capture an Indian 
from whom information could be obtained. Sergeant John 
Rogers, of Waddell's command, fortunately succeeded in 
taking an Indian alive, and because of the information gained 
from him the general, who was contemplating a retreat, dis- 
carded that purpose, continued his advance, made a forced 
march, and found that the enemy had on his approach aban- 

,758'°^' doned their stronghold. Passing into the hands of the 
English, Duquesne was at once named Fort Pitt, in honor 
of the great war minister ; and the Indians came in and made 
treaties of peace, which secured a cessation of hostilities 
along that frontier. 

McCiiiioh's During this period of the war and unrest the controversy 

vCv^ii'y,'ofi between Henrv McCulloh and Granville, within whose terri- 
tory some of the McCulloh grants had been located, was 
brought to a conclusion by an agreement that McCulloh was 
to become Granville's tenant, and in lieu of all other rents he 
was to pay an annual sum of £400 from 1757 until 1760, after 
which date he was to pay four shillings for every hundred 
acres of land retained by him, but he was to reconvey and 
surrender to Granville all lands not then settled. As the 
period for settling McCuUoh's grants in the king's domain 
was about to expire, in 1756 he petitioned that because of the 
wars and difficulties he be allowed three years' additional time, 
and accordingly the time for settlement was extended for 
him until 1760, when he was to surrender his grants, retain- 



THE ASSEMBLY AND THE GOVERNOR 293 

ing only two hundred acres of land for each white person ^^ 

settled by him in the province. 

At first Governor Dobbs appears to have gotten on quite internal 
well with the Assembly. The matter of quit rents was not so 
interesting to the people as formerly, not only because half of 
the province had been conveyed to Granville, but on the growth 
and development of the colony, the thickening of population 
and the general advancement in prosperity it was not so 
essential that the rents should be paid in farm produce, and 
the determination of the Crown that they should be paid in 
money no longer met with serious resistance. But the 
instructions of the Crown officers limiting the powers of 
Assembly caused some dismay among the leaders both at the 
north and at the south ; and there was evidently a spirit 
among them to come together again. Indeed, neither side 
could boast a complete triumph over the other, for the action 
of the Assembly in 1747 fixing a quorum at fifteen and pro- 
ceeding with legislation in the absence of a majority was 
upheld, and while the two important acts which the northern 
members protested against were annulled, that action was 
not taken on their ground and their position was not sus- 
tained ; and the subject-matters of those acts were taken 
entirely from under the power of the Assembly and declared 
to be within the prerogative of the Crown. Necessarily, 
there were personal antagonisms which only time could heal. 
The defeat of Swann at the opening of the new Assembly 
was to have been expected, and his election as speaker at the 
third session indicates that progress had been made in the 
direction of restored fraternal relations. The general desire 
to co-operate in measures of defence appealing to their 
patriotism doubtless also conduced to healing the breaches. 

At the session of November, 1758, the Assembly compli- c°^^fy 
mented the governor by locating the capital at Tower Hill, s. r.,xxiii 
and by creating a new county, embracing the seat of govern- 
ment, which was Called Dobbs in his honor ; and it also laid 
a tax to pay the salaries of the chief justice and attorney- 
general. 

But notwithstanding this disposition on the part of the The 

o sr r governor 

Assembly to be complaisant, there was a divergence between arbitrary 
the Assembly and the governor, who seems to have developed 



294 DO BBS'S ADMIXISTRATIOX, 1754-65 

^ an arbitrary and exacting spirit and would brook no oppo- 

sition to his purposes. Old, self-willed and petulant, he 
appears to have regarded himself as a ruler rather than as a 
mere executive officer, and he sought to constrain rather than 
to influence. 

The king's jt \y^g i^cnown that to reimburse the colonies for their war 

bounty 

expenditures the Crown proposed to allow £200,000 for dis- 
tribution among all of them, and £50.000 was to be given 
to the southern colonies exclusively. The control of that part 
of these funds which would be allotted to North Carolina 
now became a subject of difiference between the Assembly 
and the governor. The governor asserted his prerogative to 
dispose of the money, while the Assembly claimed the right 
to use it in their own discretion ; and also the right to appoint 
an agent for the province and to select the committee to 
correspond with him and give him directions. The governor 
di^'e^encl ^'^''^ emphatically denied all these claims. In the bill locating 
c. R.,vi, the seat of government at Tower Hill no appropriation had 
been made for the construction of the public buildings ; but in 
a second bill granting an aid to the king and providing 
for the equipment of three companies to consist of one 
hundred men each there were embodied provisions appropri- 
ating out of the expected funds £4,500 for the erection of 
c. R.. v, the government houses, and also appointing James Aber- 
'° ^ cromby agent for the province, and designating Sam Swann, 

Thomas Barker, John Starkey, George Moore and John Ashe 
as a committee of correspondence. The governor objected 
to this bill, as it was in conflict with his notions of the rights 
of the Assembly, and determining to defeat it, he resorted 
to what he called finesse. Going among his friends in the 
council, he suggested to them not to oppose either of the 
two bills and to let the objectionable aid bill go to the third 
reading, excepting some trifling matters of amendment. 
Thus a bill locating the seat of government was passed ; but 
when the aid bill came up the governor procured the council 
to postpone it for some days, and in the meantime he pro- 
rogued the Assembly. He himself described the result: 
mi'twitt'eT "Upon this disappointment the lower house were all in a 
c. R., vi,3 fl^jiie^ the managers being greatly disappointed, and repre- 
sented to me that there must be a dissolution unless the 



THE GOVERNOR vs. THE ASSEMBLY 295 

upper house would resume the bill." It ended, however, in ^759 

the house apnointiup- Abercromby iheir own agent for two c. r., v, 

years and appointing their own committee 01 correspondence, i>ec., 1758 

and in their making an address to the Crown praying V^ ^f T!^ 

c5 . John Ashe s 

that a part of the sum allowed North Carolina should be address 
laid out in purchasing glebes and establishing free schools in 
each county. By the governor's action the aid bill was 
defeated, and no provision was made for raising troops for 
defence at that time. Spring was not over, however, before 
the need of more forces at the north resulted in pressing calls 
on Governor Dobbs for additional troops, and he was driven 
to the necessity of hastily summoning the Assembly to meet 
at New Bern. The house convened on May 8, 1759, and pro- May, 1759 
ceeded to pass an aid bill exactly similar to the one that the ^^ '^•' '^''• 
governor had succeeded in defeating by his boasted finesse. 
The upper house, however, amended it by striking out all 
the sections not pertinent to the raising of troops, to which 
the Assembly not agreeing, it was prorogued, and the session 
ended without the adoption of any measure whatsoever. 
Necessarily these causes of difference led to much irrita- 
tion, which was emphasized by the governor's non-action in 
regard to disturbances in the interior of the province. 

On January 24, 1759, there were riots in Granville's terri- The Enfieid 
tory, and a number of citizens who were discontented at the 
frauds practised by Granville's agents and their entry takers 
and surveyors forcibly took possession at night of the house 
of Francis Corbin, the chief agent, and seized him and carried 
him off some seventy miles, and held him in duress until 
he gave a bond. And Robert Jones,* then attorney-general, c-. r., v, 
made affidavit that the rioters intended to silence him, or 
"to pull deponent by the nose and also abuse the court," and 
unless they were suppressed "there would be no safety in the 
counties in which they lived." 

Because of this lawlessness the Assemblv addressed the The 

Assembly 

governor and pointed out that no steps had been taken to P^i^^^y. 
punish the offenders and requested that the chief justice and 105, 106 
other justices and other officers should be required to exert 
themselves and bring the guilty parties to punishment ; and 
also requesting that if it should be necessary the regiments of 

*The father of Willie and Allen Jones. 



296 DO BBS'S ADMINISTRATION, 1754-65 

1^ militia in the several counties might be called out to assist the 

civil powers, cause obedience to the laws and restore peace 
and order ; and the Assembly loudly complained that the gov- 
ernor had taken no action in this matter, but, on the contrary, 
had seemed to lend it his countenance by appointing men 
engaged in the riots to be magistrates and to hold other posi- 
tions under the government. 

Jovernornot During the suuimcr the Board of Trade at London re- 

siisiained ccivcd from the governor his letter enclosing the rejected 
aid bill, together with his reasons for not allowing it to pass, 
which he put on the grovuid that the bill diminished his 

c. K., VI, Majesty's prerogative. In their reply the Board said that 
the proposed act did not appear to them to have that efifect 
"to such an extent as you seem to apprehend." They sus- 
tained the Assembly in their claim to have the right to appro- 
priate the funds allowed them by the king ; and also in their 
right to appoint an agent, and they asserted that they saw 
no ground to disapprove the aid bill in its abstract principle ; 
still they concurred in the view that separate matters em- 
braced in the measure ought not to have been incorporated 
in one act ; and they also thought that the committee of 
correspondence, wdiile properly appointed by the legislature, 
ought to have included some members of each house. 
Although urged by the governor to repeal the act of 1754, 
by which the Assembly had appointed the treasurers, the 
Board peremptorily refused to do so, saying that the practice 
of appointing treasurers by the legislature, and even of 
making them responsible to only one house, had prevailed so 
long that it would be improper to interfere with it. It would 
seem that these decisions so adverse to the positions taken 
by the governor, and so clearly sustaining the Assembly in 
its view of these matters, might have led to some abatement 
of Governor Dobbs's arbitrary conduct, but having once 
assumed a position antagonistic to the popular leaders, he 
became more strenuous in his opposition rather than com- 
plaisant. 

The court About that time there came over instructions repealing the 

law annulled tt'ii r 1 

act fixing the seat of government at Tower Hill, for the 
Board said that it was only intended that the Assembly should 
recommend a location, not definitely fix the place ; and also 



COURT ACT REPEALED 



297 



repealing the act of 1754 establishing supreme courts and 
enlarging the jurisdiction of the county courts. By that act 
the office of associate justice had been created, the appointees 
to hold during good behavior, and in the absence of the 
chief justice they were to exercise full jurisdiction. As a 
qualification for appointment they were to have been bar- 
risters of five years' practice in England or attorneys of 
seven years' practice in this or an adjoining province. These 
features were objectionable to the Board of Trade, for they 
restricted the power of the king to select, thus encroaching 
on his prerogative\and they also rendered the justices inde- 
pendent of the Crowh. The bill therefore had been annulled 
by the king, while the former court law of 1746 had been 
repealed by the Assembly. So the province was to be left 
without any court system whatever. Under these circum- 
stances the governor deemed it prudent to withhold the an- 
nouncement until the next session of the Assembly, which was 
to convene in December. When the Assembly met, in view 
of these new instructions, the lower house prepared another 
bill to establish courts that would be free from the par- 
ticular defects that had led to the repeal of the original act ; 
but this new measure was not agreeable to the governor 
and council, who objected to the manner in which the judges 
were to be paid and to the judicial power conferred on the 
associate justices provided for in the bill, and it failed to 
pass the upper house. So for a time — eight months in 1759 
and 1760 — there was a cessation of the courts in the province. 

The governor had received among other instructions one 
forbidding him to assent to any act making paper money a 
legal tender ; he was also informed that he might call a new 
election for assemblymen if he should choose to do so. 
Thereupon he dissolved the Assembly, it having already held 
nine sessions, and issued writs for the election of assembly- 
men to meet on April 22, 1760. The differences between the 
governor and the leaders now came to an acute issue, and 
the year 1760 is notable for its conflicts. It is also notable 
as the beginning of the practice of passing temporary court 
laws. 

One of the reasons why the governor had not previously 
dissolved the Assembly was that he did not know how to 



1759 



C.R.,VI, 56 

180 



No courts 



Currency 



298 DOBBS'S ADMINISTRATION, 1754-65 

U^° apportion the representation. Most of the counties and 

towns had appHed for charters of incorporation, but some 
had not. In issuing his writs for the election he omitted 
Tyrrell and other counties and some of the towns. Where 
elections were held, however, the Assembly admitted the 
members without regard to the writs, falling back on the 
old constitution of the colony and ignoring the claim set up 
by the Crown that it had a right to apportion representation 
at its will. Thus originated another cause of conflict with 
the governor. 

The particular object the governor had in view in calling 
the Assembly was to have passed an aid bill, as great military 
efforts were in contemplation for the ensuing campaign. 
But riots and disorders had continued in Edgecombe, Hali- 
fax and Granville counties, and the Assembly was in ill- 
humor at the governor's conduct in not seeking to suppress 
them. It adverted to the scenes of violence that had dis- 
turbed the peace of the province, and dwelt on the fact that 
there were no courts in existence to curb and restrain the 
lawless people ; and it declared it would pass no aid bill until 
the superior court bill was assented to. The governor, on 
the other hand, was firm in his purpose to come to no terms 
with the popular leaders and would not assent to the court 

Secret bill. Finally, after some heated controversy, on May 23, 

May, 1760 1760, the house, animated by a spirit of defiance, took bold 
action. It resolved itself into a committee of the whole, and 
warning the members that if any one should divulge what 
might be said in the debate he should be dismissed from the 
house, spent five hours in considering the action of the gov- 
ernor, and adopted a series of twenty resolutions aimed 
against him, and declaratory of his arbitrary conduct, and 
also prepared a long address to the king complaining very 
bitterly of his Excellency, which was to be presented by the 
agent of the province and was not to piss through the gov- 
ernor's hands at all. This resolute action apparently made 
some impression on the governor, who then proposed to 
come to terms, ofifering to prorogue the Assembly for three 

Tiie davs, and agreeing that if thev would pass an aid bill, and 

governor - c^ ' , , . , 

makes terms also the court bill, with a clause limiting its operation to 
4io-4'i4 ' two years unless ratified by the king, he would assent to it in 



TEMPORARY COURT ACT 299 

that form. This gave some hope of the estabhshment of ^^ 

courts and of correcting the disorders that threatened the c. r., vi, 
peace and prosperity of the province, and so the leaders 
of the Assembly assented to the proposition and a court bill 
was passed similar to the previous one — the associate justices 
were to be skilled lawyers and were to hold during good 
behavior. With this beginning, for a period of more than 
ten years it became the practice to pass a court bill in that 
form, by which the duration of the courts became subject 
to a limitation of two years. Also under the agreement the 
house passed an aid bill, but the governor now had changed 
his mind as to the aid bill, and as he did not like some of its 
provisions, especially deeming the bounty offered for enlist- 
ments too small, and as he considered that the pressing 
necessity for raising troops no longer existed, he chose not 
to assent to it. At that time there was also a divergence be- 
tween the two liouses, for the upper house would not pass the 
bill appointing Abercromby the agent, so the house passed 
another appointing Mr. Bacon, which, however, shared the c.r.,vi, 
same fate. The clash involved matters of right and power 
and the privileges of the respective bodies, the lower house 
claiming the exclusive right of designating the agent, and 
also of selecting the committee of correspondence, which the 
upper house would not assent to. The house then by solemn 
resolution appointed Bacon agent of the Assembly, not of the 
province. In the midst of the turmoil the governor pro- 
rogued the Assembly until September ist. 

The western counties desolated 

While the governor and Assembly were engaged in their cieweii, 
controversies conditions in the western part of the province waciiovia 
became deplorable. In October, 1759, the people who had 
made their homes on the waters of the Yadkin and Catawba 
heard with dismay that the Creeks and Cherokees, theretofore 
friendl)", had declared war against the English. Bands of 
Indians began to pass the defiles of the mountains and roam 
along the foothills. A reign of terror set in. Accounts of 
atrocities and butcheries and of destroyed homes came thick 
and fast to Salisbury and Bethabara. They were intensely 



300 



DO BBS'S ADMINISTRATION, 1754-65 



1760 

Cherokee 
war 



Fort 
Defiance 



Fort Dnbbs 
attacked 



Bethabara 
threatened 



harrowing, while some of the escapes were marvellous. Many 
brave men, reluctant to abandon their homes, fortified them 
with palisades, and forts or stronghouses were erected where 
neighboring families could assemble for safety. The men 
slept with their rifles at hand, and the most resolute were 
in dread of stealthy attack, of ambush and of having their 
houses burned at night. It was then that Fort Defiance and 
other forts in that region were hastily constructed by the 
people. 

The narratives of those who escaped massacre were heart- 
rending, while many men, women and children fell victims 
to the cruel tomahawk of the merciless foe. Few particular 
accounts of these individual experiences have been preserved ; 
but all the section west of the Catawba and of the upper 
Yadkin was desolated. Fort Dobbs, where Colonel Waddell 
was stationed, was, on February 27, 1760, unsuccessfully 
assailed by the hostiles ; and information came through the 
"Little Carpenter" that Bethabara would be attacked, and 
preparations were made for the defence. At length a large 
body of Cherokees stealthily surrounded the town ; but hear- 
ing the village bell ring, they supposed themselves discovered 
and retired. Again they approached just as the night watch- 
man blew his trumpet, and they Avithdrew, and then desisted, 
although during that spring they remained for six weeks in 
the vicinity devastating the country. Among those who 
found refuge at Bethabara was a farmer named Fish and his 
son, who had escaped from their home on the Yadkin. 
Anxious to see if their house had been burned, they pre- 
vailed on another refugee, a stranger, to return with them 
to ascertain. On the way they were ambushed. Fish and 
his son fell, while the stranger was pierced by several arrows, 
one of which, passing through his body, protruded from 
his back. However, he escaped the Indians, and seeking to 
return, forded the Yadkin, where he soon saw another com- 
pany of savages approaching. Again plunging into the river, 
he crossed and succeeded in eluding them. A storm set in, 
and he wandered all night in a pelting rain, suffering torture 
from his wounds, and in dread of being overtaken. Thus 
passed twenty-four hours, when at length he reached Betha- 
bara, where the arrows were skilfully extracted by the good 



INDIAN JVAR ON THE FRONTIER 301 

Dr. Bonn. Unfortunately the name of this man was not '760 

recorded. 

A detachment of soldiers marched out to give burial to the Wainut 
bodies of Fish and his son. On their way they found a desolated 
farmer besieged and defending his home, which the savages 
had already succeeded in setting on fire. They quicklv drove 
the hostiles off and saved the farmer and his children. The 
next day, March 12th, came an appeal for help from Walnut 
Cove, which was surrounded by the Indians. A company 
hastened to their rescue and brought in the survivors. A 
farmer, Robinson, had constructed a palisade around his 
house and resolutely made defence. Eventually he was 
driven from it into his log house, where he continued the 
struggle. At length his last load of powder was exhausted 
and he and his wife and children fell victims to the bloody 
tomahawk. Soon, however, sufficient soldiers arrived to 
secure protection, and on Easter Sunday, 1760, as many as 
four hundred soldiers attended the church services at 
Bethabara. 

The Assembly had been prorogued until September, but on June, 176c 
receiving information of a general uprising of the Indians, 
and learning that the militia had refused to march beyond 
the limits of the province, Governor Dobbs convened the 
houses again on June 30th. All were now of one mind. An ^- R- '^'i' 
aid was at once voted to the king ; a force of three hundred 
men was raised for service, the militia was organized, and 
authority was given to embody them for defence. 

At a subsequent session held in November, 1760, there 
was a purpose to send five hundred men to co-operate with 
Virginia and South Carolina against the Cherokees ; but in 
the aid bill then passed the Assembly had named the agent 
at London, whom the governor disapproved of, and for this 
reason he rejected the bill and prorogued the Assembly, which c. r., vi, 
reconvened in its fifth session on December 5th to recon- ^'-^ 
sider its action ; but the house was firm in resisting the blan- 
dishments of the governor, who then dissolved it. The tide 
of war had rolled away from the borders of the province 
and the necessity for harmonious action had passed. 1761 

In February, 1761, information being received of the acces- George iii 
sion to the throne of the young king, George III, he was ^20^"^^' 



302 



DOBBS'S ADMINISTRATION, 1754-65 



C. R., VI, 
558 



^ proclaimed with great enthusiasm amid the firing of cannon 

on the Cape Fear, and writs for a new election of assembly- 
men were at once issued, and the body convened on 
March 31st. 

When the Assembly met it lost no time in upbraiding the 
governor with his defeat of the aid bill, and because he had 
called the Assembly together at Wilmington instead of at 
some more convenient point, and the disagreement was pro- 
nounced. Rev. Mr. Moir wrote April 13th, while the 
Assembly was in session : "The misunderstanding between 
the governor and leading men of this province still subsisting, 
we are as unhappy as ever." But in the end the Assembly 
became more complaisant ; a committee of correspondence 
was appointed embracing members of both houses, and a 
new agent was named, probably not objectionable to the gov- 
ernor — these, as at the previous session, being features of the 
aid bill, which the governor now approved. At the same 
session the tax to pay the salaries of the chief justice and 
attorney-general was increased. 

In the meanwhile the Board of Trade had written to Gov- 
ernor Dobbs that he had no right to interfere with the 
appointment of the agent by the Assembly, but that he should 
urge the house to conform to the instructions of the Crown 
and recognize fifteen members as constituting a quorum, 
and to pursue the same method in regard to paying out 
moneys and auditing accounts that was in use at home. 

A new election was called, the Assembly meeting in April, 
1762. At that session Sam Swann, who had since 1743, with 
a single interruption, been the speaker, retired from that 
office, and his nephew, John Ashe, succeeded him. In all 
the controversies with Johnston and Dobbs, Swann had 
been the great leader. Indeed, on one occasion Johnston had 
silenced him as a lawyer, and Dobbs felicitated himself that 
as extreme as had been his own action he had never gone 
to that length. 

The council Dififercnccs bctwcen thc Asscmbly and council, whose mem- 
bership since the purchase by the Crown thirty years before 
had been changed only on the death of its members, and 
which was now composed of Hascll. Rutherford, DeRosset, 
Spaight, Sampson and McCulloh, led those gentlemen to say 



C.R.,VI, 

539 



The 

Assembly 
sustained 



Ashe 
speaker 



INTERNAL CONDITIONS 303 

to the Assembly : "We apprehend ourselves as nearly con- ^^ 

earned in the blessings of liberty and property as any other 
inhabitants of this province, and shall ever with cheerfulness 
concur with you in every measure that to us shall appear con- 
ducive to the securing of these most valuable blessings." 
A new court law was passed that year, in which provision 
was made for an associate justice at Salisbury. 

In conformity with political and religious conditions, it ^^j^^""'^ 
was considered that efforts should be made to maintain the 
Church of England as the national church in the province. 
From 1701 there had been parishes and vestrymen and some 
provision made for supporting clergymen of the established 
church. But so little effort was made to carry the law into 
effect that often there were only one or two clergymen in 
the province. As the province grew and the policy was 
introduced to fashion the government on the model of the 
mother country, renewed efforts were made in this respect. 
The vestry act of 1760 being repealed by the king, in 1762 
another act was passed, which, however, was also disallowed 
because the appointment or employment of the ministers was 
conferred on the vestry and not allowed as a privilege of the 
Crown, although under that act all ministers employed had 
to hold the license of the Bishop of London. Thus it hap- c; r xxiii 
pened that in the autumn of 1762 all the vestries in the ^'°5 
province were dissolved and the entire church system dis- 
organized. Two years later, however, a new act was passed, 
in which the vestries were given power to levy a ten-shilling 
tax toward building churches, maintaining the poor, paying 
the readers and encouraging schools in each county. 

Under Pitt's able administration the war had been so 
vigorously and successfully pressed that in the fall of 1760 
Canada was conquered and the Indians brought into peaceful 
relations with the English. Three years later a treaty of peace 
was signed, by which the British Empire extended from the p^^^^^f 
Gulf of Mexico to Hudson Bay and from the Atlantic to ^^ris, 
the Mississippi ; and the colonists, now freed from fears of 
foreign foes, could devote themselves more exclusively to 
home affairs. The tide of immigration that ten years earlier 
was setting so strongly to western Carolina was, however, 
checked because of the Indian war. Yet at the conclusion ^ ^ • ^ '' 

1027, 1040 



304 DO BBS'S ADMINISTRATION, 1754-65 

^^ of peace North Carolina had a population of about icx),ooo 

whites and more than 10,000 negroes. On the Cape Fear 

c. R., VI, were forty saw-mills producing some 30,000,000 feet of lum- 

'°^° ber annually, and there were exported from that river 36,000 

barrels of naval stores. 

Indians T\\& Indian aborigines had nearly disappeared. On a 

616 ' ' reservation of ten thousand acres on the Roanoke were con- 
gregated all that remained of the Tuscaroras, the Saponas, 
and Meherrins. Of the first there were one hundred braves, 
of the last two only twenty each. The Catawbas had num- 
bered three hundred warriors, but in 1761 so many were 

c. R., VI, swept off by smallpox that only sixty braves remained, an 
equal number of women and hardly more than one child to 
each pair. 

995^ ' ^^' ^^^^ remnants of the Hatteras Indians appear to have 

joined the Mattanmskeets on their reservation in Hyde, 
where were only some seven or eight Indian men. Originally 
it was said that the Indians had a' violent antipathy to the 
negro, but in time that repugnance seems to have subsided, 
and there was some admixture of the two races. 

The free Educatioual facilities in the province were limited. In 

schools . . , 

1749 John Starkey introduced a bill making an appropriation 
of £6,000 for a free school, but in 1754 that money was used 
for other purposes. Another appropriation of £6,000 was, 
however, then made. But there was some objection in Eng- 
land to this bill and it was disallowed. Four years later 
the Asseml)ly prayed the king that a part of the sum allowed 
the province by the Crown in return for its aids might be used 
to establish churches and a free school in each county; but 

c, R., VI, there was always an objection. Frequent applications were 
made for this permission, and as late as 1763 the request and 
denial continued, the Board of Trade m^erely saying that until 
the Assembly should be sufficiently compliant as to remove 
the original objections it would not consider the subject. 

*^' ^6^/2 Eventually, in 1765, Governor Tryon, probing the matter, 
could get no light on the subject otherwise, and formally 
asked the Assembly what the cause of difference was, receiv- 
ing the answer that the Assembly did not know, as the objec- 
tion had never been communicated to that body. On again 
representing the matter to the Board of Trade he was advised 



RELIGIOUS DENOMINATIONS 305 



S.R,,XXII1 

550 



that "some complaints had been made against the original 'J^ 

act by some merchants." And so because of Governor 
Dobbs's wilfulness in not communicating to the Asseml)ly 
those objections in order that they might be removed or 
answered, "the complaints of some merchants" resulted in 
depriving the province of the benefit of free schools. Such 
was one of the results of the colonial system of government. 
The court system provided for a superior court, with a 
chief justice appointed in England, and three associates, who, 
in 1761, were Marmaduke Jones, William Charlton and ^^-j^- ^''' 
Stephen Dewey — all good lawyers; but in 1762 the new act 
divided the province into five districts, in each of which, , ,. . , 

'^ ... Thejiidicial 

except the Salisbury district, an associate justice was ap- System 
pointed, who in the absence of the chief justice had juris- 
diction to hear and determine all cases, except mere matters 
of law. For the Salisbury district an assistant judge was 
appointed. He was to be a learned lawyer and his juris- 
diction was as ample as that of the chief justice himself. 
These court laws were to endure only for two years unless 
approved by the king, so there were constant re-enactments. Parochial 

rr y L>' _ clergy 

Notwithstanding the provision made for the maintenance c. r., vi, 
of an orthodox parochial clergy, there were in 1764 not more ^°^^ 
than six established clergymen in the province, and only 
three or four churches then finished. But the Presbyterians 
had their ministers, and the Quakers had again become flour- 
ishing. The Baptists also were numerous. 

Paul Palmer in 1727 gathered together a congregation of B:,piists 
Baptists in the Albemarle section, and about 1742 William 
Sojourner settled on Kehukee Creek, where later the 
Kehukee Baptist Association was formed, and early in 1755 
Shubeal Stearns, a native of Boston, settled on Sandy 
Creek, where he soon drew into his communion more than 
six hundred members ; and these churches became mother 
churches of the Baptist associations in North Carolina. 

A new sect, too, had sprung up, calling themselves Meth- c.^R- vi, 
odists, zealous and enthusiastic religionists, but disclaimed Methodists 
by Mr. Whitefield, then on his passage through the province, 
as the followers of Wesley and himself, yet doubtless owing 
their origin to Whitefield's teachings in New England. 

Governor Dobbs was loud in his denunciation of all oppo- 



3o6 



DO BBS'S ADMINISTRATION. 1754-65 



1763 

Republican- 
ism rife 
C. R., VI, 
304-309 



C. R.,VI,33 



Biitish 
views with 
reference to 
America 



McCiiUoh 



C. R., VI, 
102 1 



The riglii to 
tax claimed 



sition to his measures and schemes, and ascribed the antag- 
onism of the leaders in the Assembly to a spirit of republi- 
canism, which he declared was more rife in this province 
than in any other. He insisted that Speaker Swann, his two 
nephews, John Ashe and George Moore, and John Starkey, 
who formed the committee of correspondence, composed a 
junto, whose object was to lessen the prerogatives of the 
Crown and absorb the administration into their own hands 
and extend the power of the Assembly. That the Assembly 
under its leaders was ever determined in the assertion of 
its right to hold the purse and maintain the freedom of 
the people as subjects of Great Britain is sufficiently plain. 
How far any of the inhabitants were disaffected toward the 
monarchical system does not appear. Proud of their birth- 
right as British subjects, they never contemplated the relin- 
quishment of self-government under the constitution of the 
province ; but they were loyal to their king and had no 
expectation of any change until at length, to their dismay, 
changes came. 

The colonies had cheerfully made great appropriations to 
aid the king in the prosecution of his wars and to relieve the 
necessities of the Crown. But these were voluntary offer- 
ings. In England it was held that the general government 
of the mother country had a right to something more — to 
exact by law a fund for the purposes of the Empire. The 
regiments stationed in America were to be supported by 
the American colonies. The colonial governments were to be 
reformed and a surer provision made for the compensation 
of the governors and other officers. Quickly following the 
treaty of peace, these and other matters of similar import 
were discussed in England, and on October 10, 1763, Henry 
McCulloh, who for thirty years had been concerned with 
the American colonies, proposed a stamp act to raise the 
necessary funds. In January, 1764, Governor Dobbs wrote 
to the Board of Trade : "I apprehend the British Parliament 
may lay duties upon goods imported into the several colonies 
to support the troops necessary to secure our great acqui- 
sitions on this continent, as also to support the additional 



RISE OF THE FOURTH ESTATE 307 

officers of the revenue." Such was the drift of official ^ 

sentiment. 

The Assembly of 1764 

At the session of the Assembly held in Wilmington in 
February, 1764, that town began to be regarded as the 
seat of government for the province. Andrew Steuart, a ^[^"^Y*- 
printer located there, was employed to publish the laws, printer 
Brunswick and Bute counties were erected. An act was 
passed for building a school-house and a residence for a 
schoolmaster in New Bern, and John Starkey and Joseph 
Montfort were appointed the public treasurers for the term 
of three years. John Ashe was again elected speaker of the 
Assembly. 

The early newspapers 
Perhaps the conflicting interests of New Bern and Wil- WeeUs'Press 

, , , . . , . .of North 

mmgton, or the more personal ambitions 01 two printers, in caroUna in 
the summer of 1764 led to the revival of Davis' newspaper, century"'32 
now under the name The North Carolina Magazine, or 
Universal Intelligencer. And in September Andrew Steuart 
began at Wilmington the publication of The North Caro- 
lina Gazette and Weekly Post Boy. The Post Boy, how- 
ever, was short-lived, and ceased to exist in 1767, being 
succeeded two years later by The Cape Fear Mercury, pub- 
lished by Adam Boyd. 

Tryon appointed to relieve Dobbs 

Governor Dobl)s, who was now nearly fourscore years of 
age and very infirm, asked leave to return to England ; and 
to relieve him, William Tryon, a young officer of the Queen's 
Guards, was, on April 26, 1764, appointed lieutenant-gov- 
ernor, and in July received his final instructions. On Octo- Arrives 
ber loth he arrived at Brunswick, expecting to enter at once '-'■■°''7 4 
on his duties ; but to his disappointment he found that Gov- 
ernor Dobbs would not depart until the coming spring. 

It was expected that there would be warm disputes when n.^ p„biic 
the General Assembly should meet in Octol^er, 1764. In the -'g^aied 
previous March the suggestion of McCulloh had been acted 
on and a resolution had passed Parliament, without question. 



3o8 DO BBS'S ADMINISTRATION, 1734-63 

11^^ that it was expedient to lay stamp duties on the colonies, and 

the public mind was greatly agitated. For a century England 
had restricted and regulated the commerce of her colonies, 
and in recent years Parliament had exacted heavy duties on 
trade with the adjacent French and Spanish settlements, 
while no manufactured goods could be imported except alone 
wVax°'*'^' from English ports. But that had been for the expansion 
and regulation of commerce. Now a different interest was 
to be subserved, and Parliament proposed to tax the colonies 
for purposes of revenue. In England no one disputed the 
right ; in America it was a question so novel and so momen- 
tous that at first public opinion was not pronounced. The 
omnipotence of Parliament had never been disputed. But 
on the passage of the resolution in March came an examina- 
tion into the subject. The illumination was gradual. The 
power to tax was the power to destroy, and America became 
enshrouded in a turmoil of anxious thought. Such were 
the conditions when the Assembly met in October. 
^and'oTthe ^^ ^^ ^^ cmphasizc the spirit of the house, the governor 
A^^^embPyr ^j^(j couucil haviug appointed a printer "under the sounding 
appellation of his Majesty's printer," the house declared 
it knew of no such office, and it resolved that James Davis 
f 'i^-V Ts ' should print the laws ; and when the governor claimed for 
himself as a representative of the Crown, in conjunction with 
the king's councillors, the right to direct payment out of 
the funds allowed the province by the king, the house re- 
solved "that the treasurers do not pay any money out of 
any fund by order of the governor and council without the 
concurrence or direction of this house." It proposed to hold 
the purse strings. 
^icu"1ve^ And in replv to the opening address of the governor the 
privilege of housc Said : "It is with the utmost concern we observe our 
taxes commerce circumscribed in its most beneficial branches, 

O R VI • 

1261' ' diverted from its natural channel, and burdened with new 

taxes and impositions laid on us without our privity and 

consent, and against what we esteem our inherent right and 

exclusive privilege of imposing our own taxes." 

^onc,!^swith As yet no other Assembly in any other colony had made 

Massachu- ^^ positive a declaration. Incidentally the power of Parlia- 

v^"o4"^'' ment was flatly denied. Massachusetts had addressed a cir- 



THE EXCLUSIVE RIGHT TO TAX 309 

cular letter to the other colonies asking concert of action in ^ 

making a representation to the Crown and desiring "their 
united assistance." The speaker, John Ashe, on Novem- 
ber 17th laid this letter before the house, and it was resolved 
that "Mr. Speaker, Mr. Starkey, Mr. McGuire and Mr. Har- c. r., vi, 
nett and Mr. Maurice Moore be a committee to answer the "'^ 
above letter," and "to express their concurrence with the 
sentiments of the House of Representatives of Massachu- 
setts." Such was the first movement on the surface of the 
troubled waters. The house asserted its exclusive right to Manin, 
lay taxes, and to direct payment out of the public funds, and c.°roiina, 
it sent to Massachusetts its concurrence in the proposed ^^' '^^ 
remonstrance. 



THE FIFTH EPOCH— 1765-75 
CONTROVERSIES WITH THE MOTHER COUNTRY 



CHAPTER XXI 
Tryon's Administration — 1765-71 : The Stamp Act 

Governor Tryon's administration. — Unrest in Mecklenburg. — 
The cause of complaint in Orange. — The Assembly of May, 1765. 
— The vestry act. — The stamp act passed. — Desire for inde- 
pendence imputed to the colonists. — Popular ferment. — Speaker 
Ashe declares the people will resist to blood. — The Assembly pro- 
rogued. — Patrick Henry in Virginia. — Barre's speech in Parliament. 
— Sons of Liberty. — An American congress called. — Dr. Houston 
stamp-master. — North Carolina not represented. — Famine and dis- 
ease in the province. — The people set up looms. — Action at Wilming- 
ton. — Liberty not dead. — Dr. Houston resigns. — Governor Tryon 
feels the people. — Deprecates independence. — The reply. — Desire for 
independence disclaimed. — The act not observed. — Non-importation. 
— The people united. — Conditions in England. — British merchants 
and manufacturers clamor for repeal. — Pitt. — Camden. — Conditions 
in .America. — No business transacted. — The West settled. — In Gran- 
ville's territory. — Judge Berry commits suicide. — The rising on the 
Cape Fear. — The people form an association. — They choose directors. 
— Fort Johnston seized. — Tryon's house invaded. — The act annulled. 
— Business resumed.^The Assembly prorogued. — The stamps stored. 
— The act repealed. — London rejoices. — America grateful. — Mayor 
DeRosset's manly sentiments. — Judge Moore suspended. 

Governor Tryon 

U^ On March 28, 1765, Governor Dobbs, who was then pre- 

paring- to depart for England, died at his villa at Brunswick, 
and William Tryon assumed the reins of government as 
lieutenant-governor, he having qualified as such in the pre- 
ceding November. An officer of the army and a cultured 
gentleman, just turned thirty-six years of age and in the 
flush of vigorous manhood, and in many respects a master- 
j^ y ful man, he at once gained the esteem of the people. To 

44 ' the Assembly on its meeting he promised his best endeavors 

to render acceptable service to the province, and declared that 



C. R., VII, 

37 



MUTTERINGS OF DISCONTENT 311 

he should ever deem it equally his duty "to preserve the ^s 

people in their constitutional liberty as to maintain inviolable 
the just and necessary rights of the Crown"; and to the 
lower house in particular he said: "In the integrity of my 
heart I must declare I look for neither happiness nor satis- 
faction in this country but in proportion to the assistance 
I meet with in my endeavors to promote the prosperity of 
its inhabitants." Events, however, were happening that 
sorely perplexed him. A condition of unrest pervaded the 
province. In Mecklenburg County, where Selwyn had large 
tracts of land obtained from McCulloh, many settlers had 
located without deeds and would not acknowledge his claim J^,'"','," 

"=> Mecklen- 

of ownership, and when his agent undertook to survey a ^"'s 
tract for widow Alexander a mob assembled under the leader- 
ship of Thomas Polk and severely whipped and abused the 
surveyor, John P>ohock, Abraham Alexander, and several 
others who were running the line, destroyed the compass, and 
threatened young Henry Eustace McCulloh with death. 

Toward the northern frontier there was trouble brewing l}^'^l"- 

c -i-rr • North 

of a different character. After the adjournment of the Carolina, 
Assembly in November, 1764, reports reached Governor 
Dobbs of serious disturbances in the county of Orange result- 
ing from the exactions of the county officers, and Governor 
Dobbs issued a proclamation forbidding any officer from 
taking illegal fees. But this did not arrest the evil, and the 
agitation soon extended to Granville. "A Serious Address 
to the Inhabitants" of that county was issued in June, 1765. 
In it the authors declared that "they were not quarrelling 
with the form of government, nor vet with the body of 
their laws, but with the malpractices of their county officers 89 ' 
and the abuses of those who managed their public afifairs." 
While the frontier settlements were thus agitated over their 
local matters, on the seaboard the people were disquieted 
because of the purpose of Parliament to tax the colonies. 

Immediately on entering upon his duties Governor Tryon Xryon's 
reconvened the Assembly, the meeting being held at New 
Bern on May 3, 1765. He urged that body to institute a *^;]^;7^'' 
strict examination into the condition of the public funds, 
and recommended the re-enactment of the vestry act free 
from the objections made to it ; but in doing so he professed 



Unrest in 
,( )r,iMge 



205 



312 TRYON'S ADMINISTRATION, 1765-/1 

^^ himself the warm advocate of toleration as well as of prog- 

c. R., VII, ress. Among other improvements, he suggested the estab- 
lishment of a post route from Suffolk to Wilmington, where 

^os^" ^^^' ^t would connect with one to Charleston. In 1763 provision 
had been made for one year for a post between Suft'olk and 
Wilmington. Now, at the instance of the governor, the 
Assembly raised a committee to make this post route perma- 
nent, but for some cause the committee was not progressive 
and did not carry out the purpose. 

Agreeably to the governor's suggestions, a new vestry act 
was passed. The selection of ministers of the established 
church was to be no longer with the vestries, but with the 
governor, who also had the power to suspend them. On his 
appointment the ministers were to be received into their 
parishes as incumbents. The vestry were to pay the salary 
and lay the taxes for that purpose. At this session contests 
again arose between the two houses. 

In 1759 the Board of Trade had instructed Governor 
Dobbs that the committee of correspondence ought to consist 
of members of both houses, which the lower house would 
not agree to. In 1765 the council asked that all correspond- 
ence should be submitted to it. and the house hotly denied 

Acent^ ^ the request. Referring to this episode. Governor Tryon 
represented to the Board of Trade that if the house persisted 
in that course the agent ought not to be recognized. The 
house, nevertheless, maintained its right ; so the agent was 
suspended and was not recognized by the Board ; and it was 
not until 1768 that a new agent was appointed. 

There was another contest over the appointment of a 
treasurer. John Starkey having died, the lower house nom- 
inated Richard Caswell, while the upper house desired Louis 
Henry DeRosset, one of the councillors. Their disagree- 
ment was not composed when, on the morning of May i8th, 
the Assembly was suddenly prorogued. 

The stamp act 
In England j^ yg^j. j^^^^ clapscd slucc Parliament had passed the reso- 
lution that it was expedient to tax the colonies. At length, 
in February, 1765, the bill prepared by the ministry was 
introduced in the House of Commons, where some oppo- 



suspended 



THE STAMP ACT 313 



sition was encountered, fifty votes being cast in the negative ; 'J^^ 

but in the House of Lords there was no division. On 
March 25th the bill received the royal assent.* To the peti- 
tions of the colonies in opposition to the measure it was 
constantly replied that their antagonism was founded in a 
desire to sever their connection with the mother country, ^" America 
and that the issue should then be met and the dissatisfied 
Americans should be reduced to submission. This, however, 
was not the spirit that animated the colonies. Indeed, while 
remonstrating, there was no other thought but of acqui- 
escence. In April New York was still tranquil and Massa- 
chusetts was not aroused. Otis, the Boston leader, indig- Bancroft, 
nantly repelled the imputation that America was about to 
become insurgent, and declared it to be "the duty of all 
humbly and silently to acquiesce in all the decisions of the 
supreme legislature." No one will "ever once entertain a 
thought but of submission." "They undoubtedly have the 
right to levy internal taxes on the colonies" ; and he solemnly 
declared, "From my soul I detest and abhor the thought of 
making a question of jurisdiction." 

The colonial agents in England, while vigorously opposing 
the passage of the act, had no other idea but that it would be 
carried into successful operation. Iiigersoll returned to Con- 
necticut as the stamp master, and Franklin recommended 
to his friends to apply for the places. In Virginia Richard 
Henry Lee sought the appointment. Still, when the event 
was imminent and news came in May that the act was passed, 
the people fell into a ferment. It was a matter of feeling 
rather than of cold reason. The popular heart was moved 
without regard to those in public station. 

The Assembly of North Carolina had on the last day of c. R., vi, 
October, 1764, declared that "we esteem it our inherent right 
and exclusive ])rivilege to impose our own taxes." Virginia 
a fortnight later had less positively asserted the right, and 
had argued that the people of that province "cannot now 
be deprived of a right they have so long enjoyed" ; but 
neither Massachusetts nor any of the other colonies, had 

*This act not only required the payment of stamp taxes but pro- 
vided for the trial of offenders against the act out of the province 
and without a jury. 



314 TRYON'S ADMINISTRATION, 1763-/I 

H^ claimed exemption from parliamentary taxation. But the pub- 

c. R.,vii,i. lie mind now became agitated, and Governor Tryon, seeing 
North"' the trend of afi'airs, asked the speaker of the house what the 
ih^qs^' people would do. "Resist unto blood and death," was the 
emphatic answer of Ashe. Apprehensive that the lower 
house was about to take some action, the governor, on Sat- 
urday, May i8th, after the house had adjourned, suddenly 
88 '' ' prorogued the Assembly till November, the business of the 
Assembly being unfinished and not at all rounded up. 

Near a fortnight later the session of the Virginia Assembly 
was drawing to its close without any action having been 
taken on the stamp act, when Patrick Henry, who had been 
elected to fill a vacancy, took his seat as a member. At 
once, on May 28th, he ofifered a series of resolutions on 
the subject and sustained them in an impassioned speech: 
"Caesar had his Brutus ; Charles I his Cromwell, and 
George III" — "Treason! Treason!" was echoed through- 
out the hall — "may profit by their example." 
plnict'^" Opposed by the speaker, by Pendleton, Bland, Wythe, and 

^tl"^^' " tli^ Randolphs, the resolutions were adopted by a majority of 
but a single vote ; and the next day the last of the resolu- 
tions — the one asserting that "the colony had the sole right 
and power to lay taxes" — was expunged from the record. 
When the bill was before the House of Commons Colonel 
Isaac Barre, who had served with Wolfe in Canada, made 
an eloquent defence of the colonies, saying: "They planted 
by your care ! No ; your oppressions planted them in 
America. Iliey fled from your tyranny. They nurtured by 
your indulgence ! They grew by your neglect of them. As 
soon as you began to care for them, that care was exercised 
by sending persons to rule them — men whose behavior on 
uber°y many occasions caused the blood of those Sons of Liberty to 
recoil within them." A copy of Barre's speech was hurried 
to New York, and there, in June, was printed and distributed 
by the thousands, while the startling words of Henry were 
being echoed throughout America. The people became 
greatly inflamed and aroused, and the expression "Sons of 
Liberty" was treasured from Massachusetts to Georgia. Still 
as yet the only thought was to secure relief by petition and 
remonstrance. The Massachusetts Assembly, being then in 



THE STAMP ACT 315 



session, called for an American congress, which should con- ^ 

sist of committees appointed in the several colonies by the 
lepresentatives of the people, to meet in New York in October 
"to consider of a united representation to secure relief," and The 

1 • r !• • ^ . 1I 1* Congress 

even then the question of exclusive right to tax the colonics 
was carefully avoided. The people watched and waited, 
hugging the delusion that their English friends would not 
drive them to despair. 

In England there was no thought of retreat. The stamps 
were prepared and stamp masters were appointed for every 
colonv. On July nth the commissioners of the treasury 
appointed Dr. William Houston, of Duplin, stamp master for "",',',p°"' 
North Carolina. He did not apply for the position, and it is ^^ster 
probable that he was appointed at the instance of McCulloh, 
for he appeared in North Carolina in 1735 as McCulloh's 
agent for settling his grants on the northeast branch of the 
Cape Fear, and for many years remained in that employ- 
ment. The act was to go into operation on November ist, 
and the stamps were early sent to the northern colonies. 
In October the Congress met. North Carolina, Virginia, 
Georgia, and some other colonies were not represented, as 
their assemblies could not meet to send deputies. It formu- 
lated a remonstrance and petition. 

That summer was the hottest ever known in North Caro- 
lina in the memory of the inhabitants. There was a general c. r., vii. 
failure of crops : and such was the extreme scarcity of pro- '5"* 
visions that the slaves were fed on "cattle and apples" until 
the potato crop matured in the fall. The following June 
vessels were prohibited from carrying out any breadstuffs, 
except for the necessary supply of the crews, and the 
Assembly was prorogued in April because of the scarcity 
of food. The yellow fever broke out in New Bern, and 
Governor Tryon himself was seized by a malarial fever that 
confined him until late in November. Yet notwithstanding 
their other distresses, the stamp act held the first place in 
the minds of the people. At Edenton and New Bern, as 
well as at Wilmington, the inhabitants adopted strong reso- 
lutions expressing their utter abhorrence of the odious act, 
and to manifest their indignation and purpose "the people of 
North Carolina set up looms for weaving their own clothes." 



3i6 



TRYON'S ADMINISTRATION, 1765-71 



1765 



North 
Carolina 
Gazette 
Nov. 20,1765 



C. R., VII, 
123-125 



Proceedings 
at 



Nor did their demonstrations stop there. On October 19th 
"near five hundred people assembled at Wilmington and ex- 
hibited the effigy of a certain honorable gentleman; and 
after letting it hang by the neck for some time near the 
court-house, they made a large bonfire with a number of tar 
barrels and committed it to the flames. The reason assigned 
for the people's dislike to that gentleman was from being 
informed of his having several times expressed himself much 
in favor of the stamp duty. After the effigy was consumed 
they went to every house in town and brought all the gentle- 
men to the bonfire, and insisted upon their drinking, 'Liberty, 
property, and no stamp duty, and confusion to Lord Bute 
and all his adherents,' giving three huzzas at the conclusion 
of each toast." This assemblage probably marked the for- 
wiimington niatiou of the Sons of Liberty on the Cape Fear, and was 
composed of the people of New Hanover and the adjoining 
counties. 

"On October 31st another great number of people 
assembled at Wilmington, and produced an effigy of Liberty, 
which they put into a coffin, and marched in solemn pro- 
cession with it to the churchyard, a drum in mourning 
beating before them, and the town bell, muffled, ringing 
a doleful knell at the same time ; but before they committed 
the body to the ground they thought it advisable to feel its 
pulse, and when finding some remains of life they returned 
back to a bonfire ready prepared, placed the effigy before it 
in a large two-armed chair, and concluded the evening with 
great rejoicings on finding that Liberty had still an existence 
in the colonies." 

Dr. Houston, on November i6th, came to Wilmington, 
and the people, three or four hundred in number, immediately 
gathered together wdth drums beating and colors flying and 
carried him into the court-house, where he signed a resig- 
nation, which was followed by great demonstrations ; and in 
the evening "a large bonfire was made and no person 
appeared in the streets without having 'Liberty' in large 
capital letters in his hat; and they drank in great form all 
the favorite American toasts, giving three cheers at the 
conclusion of each." In Cumberland, at New Bern, and at 



Houston 
resigns 



TRYON'S DINNER TO THE LEADERS 317 

his own home in DupHn, the people made similar demonstra- ^ 

tions and hung Dr. Houston in effigy and then burned the 

effigy- 
Governor Tryon, who was now somewhat recovered from c. r.,vii, 
his protracted illness, seeing the determination of the people, '^^"'3° 
sent out circular letters to about fifty of the principal inhabi- 
tants, requesting their presence at dinner with him on 
November i8th. In his interview with these gentlemen the 
governor expressed his "hope that no violence would be 
attempted in case the stamps should at any time arrive in the 
province" ; and also he hoped "that none in this province were 
desirous of destroying the dependence on the mother 
country." He mentioned "the impossibility of the stamp act 
operating in all its parts in this province, where the whole 
cash of the country would scarcely pay a single year of the 
tax," and declared his intention of making such representa- 
tions that, whether the act were repealed or not, there would 
be a favorable indulgence and exemption of this colony ; 
and as an inducement for allowing the act to have effect in 
part, he "generously offered to pay himself the wdiole duty 
arising on" certain instruments. 

The next morning the gentlemen waited on the governor 
with their reply, saying: "We cannot but applaud the happy 
distinction of this province, wdiich has a governor so studious 
of promoting and so well satisfied to prosecute its advan- 
tages and prosperity." They disclaimed "any desire to inter- ^fus^hu * 
rupt or weaken the connection between Great Britain and ^^'"^'"yn 
her colonies," but declared that "we cannot assent to the "9 
payment of the smaller stamps ; an admission of part would 
put it out of our power to refuse with any propriety a sub- 
mission to the whole ; and as we can never consent to be 
deprived of the invaluable privilege of a trial by jury, which 
is one part of that act, we think it more consistent as well 
as securer conduct to prevent to the utmost of our power 
the operation of it." The governor in his reply regretted 
that his intentions of service to the province at this junction 
had so little prospect of success, and lamented the conse- 
quences he apprehended from the resolution the gentlemen 
had adopted. 

Such was the spirit of the Cape Fear gentlemen, openly 



3i8 TRYON'S ADMINISTRATION, 1765-71 

^ avowing their purpose not to permit the operation of the 

act in any particular ; and all the counties of the province 

c. R., VII, were in full sympathy with them. Ten days after the dinner, 

**^ and after Houston had resigned, some stamps arrived at 

Brunswick on the sloop-of-war Diligence, but because of the 
situation of affairs they remained on board that vessel until 
her departure in the spring. 

Contemporaneously with these proceedings in North Caro- 
lina, the merchants of New York City entered into a reso- 
lution not to import any goods until the stamp act was 

The spirit repealed. Elsewhere their example was followed ; and the 
people organized themselves into associations, taking the 
name applied to them by Colonel Barre in Parliament, "Sons 
of Liberty." A patriotic fervor possessed the people, and 
even before importations had ceased they discarded clothing 
of British manufacture and began to wear the homespun 
of the country. Rich and poor, those of the highest social 
and political station as well as the humblest citizens, joined 
in the cry of "Liberty, property, and no stamps." Never 
were the people so united ; there was but one voice — to resist. 
In December Gadsden, of South Carolina, wrote : "The 
whole force of North Carolina was ready to join in pro- 
tecting the rights of the continent," and in January the 
Sons of Liberty in New York resolved "that they would 
march to the relief of those in danger of the stamp act." 
Such was the sentiment that prevailed throughout the 
colonies. 

Theking In England other matters of serious import stirred the 

resolute ° .... 

court and divided the people, and changes m the ministry 
were frequent. But at length the attitude of the colonists 
arrested attention ; and merchants and manufacturers, aghast 
at the possible consequences to their business, united their 
clamors with those of the Americans for repeal. The king, 
nevertheless, was resolute, and when Parliament opened on 
Jan., 1766 Tanuarv 14th he informed it that "orders had been issued 

Pitt " 

for the support of lawful authority." Pitt, however, declared 
emphatically that Parliament had no right to tax the colonies, 
and like a clap of thunder he startled the house when he 
exclaimed, "I rejoice that America has resisted." In the 
Camden Housc of Lords Camden spoke with equal strength. But 



THE STAMP ACT REPEALED 



319 



at first they were overborne. The purpose to maintain the ^ 

omnipotence of ParHament was fixed. But politics were in 
a turmoil, and changes in the ministry suddenly occurred. 
A month after the session began Conway, now in the min- Conway 
istry, moved for leave to bring in a bill to repeal the act. He "'^^''^ '^'''^" 
declared that it had interrupted British commerce and de- 
stroyed one-third of the manufactures of Manchester — had 
thrown thousands of poor out of employment, and that to 
assist the Americans, France and Spain would engage in 
war with Britain. Amid great excitement, despite the oppo- 
sition of the king, leave was given by a vote of 275 to 167. 
The first step to repeal was taken. 

The new year opened in America with all in a state of 
suppressed excitement. The act had not been operative. 
The courts were either closed or transacted little business. 
Newspapers were published on unstamped paper and ships 
sailed without legal clearances. It was a condition of un- 
armed rebellion. 



election, 



I33i 143- 154 



Open rebellion on the Cape Fear 

In North Carolina, Tryon having received his commission ^'' 
as full governor, on December 21st dissolved the Assembly f^^b 1766 
and issued writs for the election of new members. The elec- 
tion was held in the midst of excitement on February nth, 
and the legislature was to convene April 22d. Writing in 
January from New Bern, Rev. Mr. Reed said: "The people 
here are peaceable and quiet, yet they seem very uneasy, dis- 
contented and dejected. The courts of justice are in a great 
measure shut up, and it is expected that in a few weeks there 
will be a total stagnation of trade." On Christmas Tryon 
wrote home : "The obstruction to the stamp act . . . has 
been as general in this province as in any colony on the 
continent. . . . No business is transacted in the courts 
. . . though . . . regularly opened, and all civil gov- 
ernment is now at a stand." Such was the situation in the 
east. At the west not a man favored the stamp act ; but that 
matter was not so interesting on the frontier as in the marts 
of trade. Ten years of peace had brought renewed im- 
migration from the north. A settlement from New Jersey was 
made on the Yadkin. The Moravians received accessions, 



c. 


R., 


VII, 


II 


■» 




Ai 


t the 


; west 



320 TRYON'S ADMINISTRATION, 1765-/1 

U^ and had engaged in manufactures. "They have mills, forges, 

furnaces, potteries, foundries, all trades and things in and 
among themselves." They drew copper from the neighbor- 

c. R., VII, ing mines. "They are all bees, not a drone sufifered in the 

'^^ hive ; what they do not consume they sell in the adjacent 

territory," receiving for their products furs and peltry, which 
they send off to Virginia and into South Carolina, obtaining 
in return rum, sugar, linen and woollen goods, pewter and tin 
wares and other necessaries. While this development was 
being made at Bethabara, Rowan and Mecklenburg counties 
were being occupied. During the fall and winter of 1765 a 
thousand wagons passed through Salisbury, and the people 
were clearing the forests seventy miles west of Fort Dobbs 
and forty miles beyond the Catawba. 

In .„ , In Granville's territorv the land offices were closed on the 

Gra,nville s 

territury dcath of Lord Granville in 1763, and his heir and successor 
had not yet opened them again. Some of the occupants of 
his lands dreaded the expected reopening, because of the 
abuses of his agents ; while others were discontented because 
they could not obtain titles to the premises they had im- 
proved. The grievances of the people in the back country 
continuing, the movement for redress progressed, securing 

c.R.,vii, the adherence of many of the inhabitants. Specie was very 
scarce, and while even the merchants estimated that because 
of the great growth of the province £200,000 of paper 
currency was needed, the amount outstanding was only 
£75,000. Necessarily there was great pecuniary distress. 
Such was the general condition of the province — unrest at 
the west, insufficient currency, civil government at a stand, 
and the Sons of Liberty holding together, not knowing what 
a day might bring forth. 

Another event added to the gloom on the Cape Fear — 
the suicide of Chief Justice Berry. On March i8, 1765, a 
duel occurred between Lieutenant Whitehurst and Alexander 
Simpson, master, both of the British sloop Viper, the cause 

c. R,vn, q£ which was said to. have been some woman. Simpson was 
wounded and Whitehurst killed. Simpson was apprehended, 
but the night before Governor Dobbs died he made his escape 
from jail and fled to Virginia. He was subsequently taken 
and put on trial at New Bern, where Chief Justice Berry 



144 



94 



SEIZURE OF THE DO BBS AND THE PATIENCE 321 

held tlie court. The case was tried before the arrival of all '766 

of the witnesses for the prosecution, and Simpson was ac- 
quitted, at which the governor manifested much displeasure. 
When, on December 20th, the governor called a council at 
Wilmington to qualify under his new commission. Judge Death of 
Berry, on being notified to attend, conceivetl that the council J"*^g^ ^^"y 
was called for the purpose of suspending him, and was so im- 
pressed with the belief that he at once shot himself in the 
head, and after lingering eight days died. The melancholy '^- R-. vii, 
affair was greatly regretted. To succeed Berry, Governor 
Tryon commissioned James Hasell as chief justice. He was 
the senior member of the council and had at different times 
filled the ofiice of chief justice for seven years. At the same 
time, in January, 1766, he appointed Robert Howe an associ- 
ate judge. 

Thus far Tryon had managed so astutely that there had 
been no clashing with the people. But it could not be averted. 

In January two merchant vessels, the Dohbs and the f. r., vii, 
Paiicncc, came into the Cape Fear and were seized because ' ^ "''' 
their clearance papers were not duly stamped, and were 
held l)y the British men-of-war, the Diligence and the Viper. 
At once the patriots of that region were aroused and demand J5°''''! 

,1- , . , ', Carolina 

was made for then- release. 1 he matter was referred to the Gazette, 
attorney-general, Robert Jones, who was at his home on the 
Roanoke, and during the delay the leaders of the people 
arranged their plans. The mayor of Wilmington resigned 
and Moses John DeRosset, a strenuous opposer of the act, 
was elected in his place. The people of Onslow, Duplin, and ^vfLe'n^ 
Bladen v^ere brought together at Wilmington to meet those i'-aj\nupen 
of New Hanover and Brunswick, and they entered into an 
association. "Detesting rebellion, yet preferring death to The 
slavery, . . . we hereby mutually and solemnly' plight our ^'■'^°'-''^''°" 
faith and honor that we will at any risk whatever, and when- 
ever called upon, unite and truly and faithfully assist each 
other to the best of our power in preventing entirely the 
operation of the stamp act." On the next day, February'i8th, Ti'e 
the people chose John Ashe the speaker, Alexander Lilling- "^""'^ 
ton and Colonel Thomas Lloyd "directors to direct the move- 
ment." General Hugh Waddell was appointed to marshal 
and command the citizen soldiery, of whom six hundred were 



Feb. 26, 1766 



322 



TRYON'S ADMINISTRATION, 1765-71 



1766 



C. R., VH, 
172 et Si-g. 



The 

Di/igence 
and the 
Vif>er 
defied 



C. F., VII, 
.78 



Fort 

Johnston 

seized 

C. R.,VII, 

186 



The council 



armed, while there were one hundred of the people unarmed. 
The purpose was to secure the liberation of the detained 
vessels, and they resolved to march to Brunswick and require 
their release and prevent the operation of the stamp act in 
any particular. It was an orderly movement of the people, 
organized under civil authority of their own appointment, 
with the military subordinate to the directory, at the head of 
which was the speaker of the Assembly. Accompanying the 
directors were the mayor and corporation of Wilmington, 
and gathered around them w^ere all the gentlemen of the Cape 
Fear — a cavalcade of patriots intent on a high purpose and 
full of high resolve. As a measure of this incipient war the 
inhabitants of Wilmington determined that no provisions 
should be furnished to the British cruisers, and when the 
contractors' boat came to the town for supplies they seized 
the crew and threw them into jail, and with a great demon- 
stration hauled the boat through the town in triumphal 
procession. 

The directors sent by Harnett and Moore a letter notifying 
Governor Tryon, who, after Dobbs's death, resided at Bruns- 
wick, that they proposed him no personal harm, but were 
coming to right their wrongs ; and forward the companies 
marched, Waddell's patriotic soul flaming high as he reso- 
lutely led them on to their act of treason and flagrant 
rebellion. 

Quickdy a detachment seized Fort Johnston ; quickly the 
public offices were invaded and the papers of the detained 
vessels ol)tained. But yet the vessels were held by the men- 
of-war. Recognizing that a crisis was reached, the king's 
officers determined to stand by the colors of his Alajesty 
tc the last. There w'as to be no yielding to the insurgents. 
At noon on the 20th a council was held, attended by the 
governor and all of the British officers ; and Captain Lobb, 
the senior naval officer, declared his unalterable purpose to 
hold the ship Patience and to require a return of her papers, 
which the insurgents had taken. And so it was agreed by 
the governor and all. But in the afternoon a party of the 
insurgents — doubtless the directors, Waddell, Harnett, James 
and Maurice Moore, Mayor DeRosset and the corporation 
of Wilmington — boarded the ship of war Diligence, and 



RELEASE OF THE DO BBS AND THE PATIENCE 323 

there, under the royal flag, surrounded by his Majesty's 2,^ 

officers, they made demand upon Captain Lobb to surrender 
the vessels and abandon any purpose to sustain the stamp 
act. What passed is not recorded ; but in the evening Cap- 
tain Phipps, of the Viper, came on shore and reported to the 
governor that "all was settled." The vessels were released. J}"" 



'atience 
released 



I 



The people had redressed their grievances. The stamp act 
was not to be enforced in any particular. The governor was 
indignant, disgusted, but powerless. 

The collector, the comptroller, the clerks, and other pro- a^nuHed'^' 
vincial officers, one of them, William Pennington, being taken 
by Harnett from the residence of Governor Tryon, were 
now brought with great formality all together, at the centre 
of a circle formed by the people, and there were constrained 
to make public oath never to perform any duty with regard 
to the stamps. The stamp act being thus annulled in North 
Carolina, in triumph the people returned to their homes vic- 
tors over the governor and the king's forces. 

The efifect of this bold and determined movement, that had 
no exact parallel in any other colony — for first the people 
ordained a government with authority to direct and secondly 
they organized a military force suliordinate to the directory — 
resulting in the full accomplisliment of the purpose designed, 
must have been lasting on the minds of the people. It 
established the leaders still more in public confidence, for 
successful achievements appeal strongly to the popular heart. 
It also brought home to the people the value of organized 
resistance and prepared them to take resolute action when 
at a later day their rights and liberties were again invaded. 
With this experience, under the same chieftains, they were 
the more easily marshalled to sustain the measures of 1775 
in open revolt from the dominion of the mother country. 
The submission of Tryon and of the king's naval forces to 
their power, the remembrance of that glorious triumph easily 
paved the way for their formation of military companies in 
March, 1775, for the destruction of Fort Johnston, and the 
expulsion of Governor Martin from the soil of the province. 

After that no attempt was ever made to observe the stamp 
act in North Carolina. The governor and all public officers 
abandoned the contest. Vessels sailed in and out as before 



324 



TRYON'S ADMINISTRATION, 1763-yi 



1766 



C. R., VII, 
188 



Houston 
gives up his 
documents 



the act was passed. The business of the courts was resumed, 
and the act was entirely disregarded. 

But as the Assembly was to meet in April, on February 26th 
the governor prorogued it till November, and he declared 
his purpose not to allow any Assembly to meet until he had 
received further instructions from the king. On April 15th 
Dr. Houston again appeared at Wilmington, and there he 
was forced to surrender to Mayor DeRosset his commis- 
sion and his instructions. The Diligence having been 
ordered to depart, the boxes of stamps were transferred 
at the end of March to the Viper, and later were deposited 
in Fort Johnston, where they remained until sent back to 
England. 

Proceedings similar to those in North Carolina took place 
in all the colonies, but nowhere else was there equal bold- 
ness and resolution in action ; yet in every province the law 
had been entirely annulled by popular resistance. Still the 
issue was undetermined, and America, in an attitude of 
defiance, waited with anxiety for news from England. 

Although the House of Commons, responsive to the de- 
mands of British trade and commerce, had expressed a will- 
ingness to repeal the stamp act, yet Parliament was by no 
means ready to abandon its alleged right to tax the colonies. 
Pari passu with Conway's bill for repeal, another, declaring 
the absolute power of Parliament to bind the colonies in 
all cases whatsoever, was rushed through the two houses ; 
and in the House of Lords the repeal bill met with strenuous 
opposition and protests, but finally, on March i8th, it re- 
ceived the unwilling and sullen assent of the king. The 
multitude, however, applauded. There was great rejoicing 
in London, the vessels on the Thames displayed all their 
colors, the church bells rang out joyous peals, and at night 
the city was illuminated with bonfires, and all the principal 
houses were lighted from within. The swiftest vessels 
hurried the news across the Atlantic, where it was received 
with public demonstrations of universal gladness and heart- 
Rcjoicing in fg||. patriotism. So sudden a popular revulsion from appre- 
hension and defiance to gratitude and loyalty is without a 
parallel in history. The colonists at once rescinded their 
resolves of non-importation, gave their homespun clothes to 



In 
Parliament 



The act 
repealed 



\i\ I) i'()iii( ri\( I -. 







'/;. 









» 







1. North Carolina Currency, 1748 2. North Carolina Currency, 1776 

3. Edmund Fanning 
4. Monument to the Regulators 



THE 

[pUBUC U9RARV| 



foun 



iftxtloni. 



1909 



Aug. 5, 1776 



242 



STAMP ACT REPEALED IN AMERICA 325 

the poor, and turned their attention once more to their local ^ 

concerns. Throughout North Carolina there was great rejoic- 
ing. At New Bern the gentlemen met at the court-house to 
celebrate the event. An elegant dinner was served in com- 
mon-hall, Cornell presiding. Many toasts "were drank un- J^l^,,■,^^^ 
der a display of colors and other ensigns of Liberty, among g'-'t^fui 
them, toasts to Camden, Pitt Conway and Barre ; "the Liberty 
of the Press' ; 'the Governor and the Province' ; the whole 
conducted with great good order, decency and decorum." 
The day concluded with a ball in the court-house "and the s.c.Gazettc 
evening was most happily and agreeably spent." At length 
on June 13th Governor Tryon received official intelligence 
of the repeal, and a week later Moses John DeRosset, mayor c.^^' ^i^- 
of Wilmington, on behalf of the corporation, addressed 
formal congratulations to the governor. In the course 
of subsequent correspondence DeRosset and the other gentle- 
men at Wilmington declared that they were well assured 
that the governor's conduct had always been regulated 
by no other motive than a generous concern for the 
public good. Still there was no abatement of manly expres- 
sion, and in regard to their own action they pointedly said : 
"Moderation ceases to be a virtue when the liberty of British 
subjects is in danger." Thus in the general rejoicing, while 
there was no admixture of bitterness for Tryon, there was 
asserted a resolution to maintain the rights of the people 
as British subjects ; and Governor Tryon afterward men- 
tioned that only one person connected with the uprising on 
the Cape Fear ever expressed any regret at his action, and 
he was not a native of the province. 

While all of the gentlemen of the Cape Fear had taken a 
pronounced part in these stamp act proceedings, the governor 
manifested his displeasure at the action of Maurice Moore 
alone. He was assistant judge for the district of Salisbury, 
and because of his intemperate zeal and conduct in opposi- 
tion to the act the governor suspended him, and on 
March 7th appointed Edmund Fanning to the vacancy. In 
addition to his personal participation in the expedition to 
Brunswick, IMoore had published a pamphlet showing that 
the colonists "are constitutionally entitled to be taxed only by 
their own consent." 



CHAPTER XXII 
Tryon's Administration, 1765-71 : The Regulation 

Murmurs from the west.— The governor's proclamation.— The 
reform movement. — The general polity of the province. — Tryon's 
action.— Purpose of the reformers.— Removal of the Tuscaroras.— 
The Assembly meets — November, 1766. — The burden too heavy to 
bear.— The address to the king. — The southern treasurer.— No 
provincial agent.— The governor's palace. — The seat of government. 
— Presbyterian ministers to perform marriage ceremony. — The 
Cherokee line. — The Watauga settlement. — The need of currency. — 
New legislation. — The speakers to be gowned. — Tryon joins in ask- 
ing for currency. — New custom duties proposed. — The Assembly 
prorogued. — The Regulators associate. — The meetings. — Oath-bound. 
— Hillsboro raided. — Consternation of the officers. — Rev. George 
Micklejohn the peacemaker. — The governor advises an appeal to 
the Assembly. — Fanning seizes Husband. — The people aroused. — A 
petition to the Assembly. — Presented to the governor. — His reply. 
— He reaches Hillsboro. — Sends Harris to collect taxes. — Harris's 
report. — Hillsboro threatened. — Disturbing rumors. — The agreement. 
— The voice of Anson. — Trouble in Johnston. — The governor's de- 
mands. — The army of 1768. — The Presbyterian ministers support 
the governor. — The march to Hillsboro. — The Regulators embody. 
— The governor's, terms. — The malcontents disperse. — The court 
held. — Tryon desires to leave. — Regulators' address. — Resolve of 
Assembly. — Remedial legislation proposed. — Hillsboro riots. — Riot 
act. — Alamance. — The battle. — The trials and executions. 

Murmurs from the west 

Oil June 25, 1766, Governor Tryon, happy at, the turn of 
affairs, issued a proclamation announcing the repeal of the 
stamp act and on the same day, in pursuance of particu- 
lar instructions received from the Crown, he issued a procla- 
mation in the kind's name, stating that complaints had been 
made that exorbitant fees have been detnanded and taken, to 
the great dishonor of the king's service and the prejudice of 
138,231, 232 the public interest; and all ptiblic officers whatever in their 
respective stations throughotit the province were forbidden 
"to receive any other fees than those established by proper 
authoritv on pain of being removed from their offices and 
prosecuted with the utmost severity of the law." On the 



1766 



K 



THE REFORM MOVEMENT 327 

same day, because of the extraordinary want of provisions ^ 

in the province, it was determined that the General As- 
sembly should not then be convened, but should stand pro- 
rogued until October. 

While the eastern part of the province now returned to a c.r.,vii, 

2.1(1 2 ^O 

happy quietude, the disturbed conditions at the west were 
not allayed. In August the leaders of the reform movement 
in the county of Orange issued an advertisement, referring 
to the success of the Sons of Liberty in withstanding the Reform 

T 1 I- T-i 1- • 1 • '1 1 nioveiiieiit 

Lords of rarliament, and proposmg that each neighbor- at the west 
hood throughout the county should meet and appoint one 
or more men to attend a general meeting at Haddock's Mills, 
"at which meeting let it be judiciously incjuired whether the 
free men of this country labor under any abuses of power," 
and proposing to call upon all persons in office to give an ac- 
count of their stewardship, a proceeding similar to the town- 
ship meetings immemorially held in Massachusetts. On 
October loth such a meeting was held, but none of the ,766 
officers appeared as requested. Disappointed in this first 
attempt, both at the lukewarmness of the people and the 
non-attendance of the officers, the leaders proposed that an- 
other conference should be called, and the practice be main- 
tained, believing that '"on further matured deliberation the in- 
habitants will more generally see the necessity of it and the 
number increase in favor of it to be continued yearly." 

The complaints of these people were because of the admin- po'iit\'^ofThi 
- istration of local afifairs. The general polity of the province R™r" yu 
was the outcome of circumstances. The king appointed the Ai^etse^.' 
governor, the chief justice and the attorney-general, the 
first two of whom being sent from England while the last 
had been appointed from among the citizens. The council 
was a continuing body, appointed by the Crown, and, as none 
had ever been removed, holding for life. From Burrington's 
administration appointments had been made only to fill 
vacancies caused by death or removal from the province. 
When a vacancy occurred, the governor mad-e a temporary \^ 
appointment until the Crown could act. A part of the ex- 
l)enses of the administration was paid by the quit rents ; 
but generally the needs of government were met by taxes 
assessed by the Assembly. There was no tax on land or 



328 TRYON'S ADMINISTRATION, 1765-71 

^^ property, only on the poll and on some minor subjects of 

taxation. As the expenses increased, the poll taxes were 
multiplied and became grievous, especially in the frontier 
counties, where the people were without market for their 
produce and had no currency and many of them were poor. 

There were five Judicial districts, for each of which an 
associate judge was appointed by the governor; and while 
the associate for the Salisbury District alone was required 
to be a lawyer by profession, yet all of these associates were 
lawyers. To each district court there were two clerks, one 
for civil causes appointed by the chief justice, the other the 
clerk of the Crown for criminal cases, appointed by the 
secretary of the province. 

There was a court for each county, pleas and quarter 
sessions, held by the justices of the peace, and to each of 
these courts there were likewise two clerks, one for civil 
causes and the other the clerk of the Crown. The appoint- 
ment of the first was with an officer of the province, denomi- 
nated "The clerk of the pleas" ; the clerks of the Crown were 
appointed by the secretary of the province. Oftentimes one 
person filled both offices. The sheriffs of the different 
counties were annually appointed by the governor, but he 
was confined to select from among three persons recom- 
mended by the justices of the peace; and the register of 
deeds was likewise appointed by the governor to hold dur- 
ing his pleasure. The fees of all officers were fixed by law, 
and a part of the compensation of the chief justice also 
consisted of fees incident to his court. The influence of 
these local officers was felt in the election of members of 
the Assembly and in perpetuating their own power, and they 
became dominant factors in the management of public 
affairs. The attorneys-at-law were also potent influences, 
and of these there were forty-five practising in the province. 
Convinced of the abuses that these conditions led to. Gov- 
ernor Tryon sought to mitigate them, and among other 
things announced that no county court clerk or practicing at- 
torney should be appointed a justice of the peace — thejustices 
of the peace being appointed by the governor with the sanc- 
tion of the council, to hold at his pleasure. All local affairs 
were within the administration of these justices, who, sitting 



THE POLITY OP THE PROVINCE 329 

as the court of the county, primarily passed on all complaints ^ 

of exorliitant fees or charges of maladministration by the A. 
county officers, had cognizance of county matters, laid county 
taxes and settled with county officers. Under that system Noresponsi- 
there was no responsibility to the people. The justices of people" 
the court annually recommended the sheriff for appoint- 
ment and they influenced the election of assemblymen. They 
were appointed by the governor on the recommendation 
of the Assembly. Thus they became a part of a self-per- 
petuating circle, composed of officers, lawyers, justices and 
their dependents, controlling local affairs, and with inter- 
ests widely different from those of the people at large. 
Popular discontent could not make itself felt in legal and 
accustomed channels ; and this seems to have been the 
fundamental reason for the innovation proposed by the re- 
formers to introduce county meetings of the inhal)itants 
annually to consider the action of their officials and all pub- 
lic matters, and such at first was the extent of the demand. 

During the summer of 1766 the sachem of the Tuscaroras, Removal of 
who liad moved to New York fifty years before, came to the 
province, and after spending some time with the Indians on 
the reservation, arranged for the removal of more of that 
tribe to join the Six Nations. The funds for their removal 
were supplied by Robin Jones, attorney-general, who had 
long manifested a particular kindness toward those isolated 
and almost friendless Indians. A part of the reserve was <^- ^•' '^"' 

431 

conveyed to him as security, and one hundred and thirty 
Tuscaroras in August marched north, leaving only one hun- 
dred and four of that tribe, including women and children, 
remaining in North Carolina. 

The Assembly meets 

On November 3d the legislature convened at New Bern, ^^Z'^"' 
being the first meeting of the representatives of the people 
since May, 1765. During the intervening eighteen months 
the public voice had been stifled by the astuteness of the gov- 
ernor, and now harmony and good understanding subsisted 
throughout the province. On the first day of the session, Harvey 
November 3d, John Harvey of Perquimans was unanimous- ^p^^''" 
ly elected speaker, and it was not until November 7th that 



330 TRYON'S ADMINISTRATION, 1765-71 

^ John Ashe, the speaker of the former house, appeared and 

took his seat as a member. The temper of the house while 
kindly was not subservient. The committee to prepare a 
response to the governor's opening address were Elmsly, 
Maurice Moore, Sam Johnston, Cornelius Harnett, Edmund 
Fanning, Robert Howe and Joseph Hewes. In it they said : 

347-J50 ' "This house is truly sorry that any reason whatever should 
have prevented your meeting this Assembly till this time. 
The alarming tendency of the stamp act and the reproachful 
names of rioters and rebels which were liberally bestowed 
on his ^Majesty's faithful subjects of North America ren- 
dered it in our opinion highly expedient that this house 
should have been assembled some months sooner." Con- 

of die"'"" tinning, they said : "It is our duty to acknowledge in the 

Assem y j^Qgt gratcful mauncr the moderation and goodness of his 
Majesty and the justice of his Parliament in removing from 
us a burden much too heavy for us to bear." A similar tone 
of fine manhood pervaded the address, yet they manifested a 
kindliness toward the governor himself, and congratulated 
him "on a peculiar mark of the royal favor to this province, 
manifested to us in your appointment to this government ; 
and be assured we will cheerfully take all occasions to render 
your administration easy and happy." 

The council took great exception to the strictures of the 
Assembly, but the governor carefully suppressed his own 
sentiments, merely declaring that he was "an utter stranger 
to the reproachful and detestable title of rebel ; that such an 
opprobrious title never found place in my breast ; nor am 
I conscious of having ever misrepresented or aggravated any 
part of the disturbances in the colonies, either general or 
particular." 

On November 22d the house appointed Messrs. Ashe, Fan- 
ning and Howe a committee to prepare an address of thanks 
to the king "on the happy event of the repeal of 
the stamp act ;" and on the 26th Ashe, the central figure 
in the stamp act proceedings, submitted the address to the 
house. It was strong and manly as well as patriotic. There 
was no wavering; no apology. The language used to the 
governor was now repeated to the king. The stamp act 
was "a burden much too heavy for us to bear," but they 




X 

< 
< 

cu 



OS 

o 
z 

> 

c 
O 






TRVON'S PALACE 331 



spoke of their ''cordial and natural attachment to the mother ^ 

country, and love and duty to his Majesty's royal person." 

Because of the failure to elect a treasurer for the southern 
district at the last session the governor had appointed as 
temporary treasurer Samuel Swann, and now the lower 
house proposed to appoint John Ashe. The upper house, 
however, again asserted its right to participate in the elec- 
tion, and inserted the name of Louis DeRosset, as on the 
former occasion. But on the lower house standing firm the 
council proposed to amicably settle the difference by joining 
in and making the same nomination, without abandoning its 
claim of participation ; and Ashe was thereupon elected. 3^4 /' 
The restoration of good feeling between the Assembly and wii'i, 664 
the Crown was signalized by the passage of an act appropri- 
ating £5,000 for the building of a residence for the o,e"'cf^'tai 
governor at New Bern, virtually making that the seat of 
government ; and taxes were laid for the purpose of paying 
the cost of construction. To the governor himself was given 
power to design the Ijuilding and to contract for its comple- 
tion. Governor Tryon soon found that the amount appro- 
priated was not sufficient to complete a building according to 
the plans adopted, but nevertheless he proceeded in the erec- 
tion of a magnificent structure, surpassing any other build- 
ing in the colonies, having reason to believe that the Assem- 
bly would make an additional appropriation. 

At this session the act concerning marriages, passed in xxfu, 672 
1 741, w^as amended, much to the gratification of the Presby- ^^^^"^^^ 
terians. By that act the justices of the peace where there 
were no established ministers were authorized to perform 
the marriage ceremony. These justices in the western coun- 
ties were for the most part Presbyterians, as the great 
mass of the inhabitants were, and now the law was changed, 
extending the privilege of performing this service to 
Presbyterian ministers ; but the fee for the service was re- 
served to the ministers of the established church in the par- 
ishes where one was settled ; and the marriage license was to 
be granted by the governor, who furnished a supply in ,766 
blank, and signed by him, to the county clerks. On Decem- 6;,;*^''^^ ' 
ber 2d, with very amicable relations existing between the 



?,2,2 TRYON'S ADMINISTRATION, 1765-yi 



U^ governor and the Assembly, the session was brought to its 

close. 

The Cherokee line 

In the progress of settlement the colonists were encroach- 
ing on the hunting grounds of the Indians, and there was 
more or less friction along the whole frontier from Canada 
to Georgia. The king and ministry were anxious to prevent 
hostilities, and some of the Cherokee chieftains had visited 
England and been assured by the king of his purpose to pro- 
tect them. Dividing lines were ordered to be run that should 
mark the hunting grounds of the Indians and the limits of 
the territory open to settlers. Such a line had been run 
from McGowan's Ford, on the Savannah, northeastwardly 
to Reedy River, leaving a considerable territory east of the 
mountains in South Carolina as Indian lands ; and Governor 
Tryon was ordered to have that line continued through west- 

c. R., VII. gj-j") North Carolina. The Indians had in October agreed 
245, 460, 470 ... 

that the line should run from Reedy River north to the 

mountains, and then to Chiswell's lead mines on the New 
River or the Kanahwa. Now some chiefs contended that it 
should be run direct from Reedy River to the mines. Gov- 
ernor Tryon was desirous that the change should not be 
made, but that the North Carolina boundary should be the 
mountains. In order to effect his purpose he proposed 
to attend the meeting of the Indians and surveyors. It is 
to be observed that the dividing line between North and 
South Carolina had been marked out only to the Catawba 
nation, and to the westward of the Catawba River it had 
not been established at all ; but in any event North Carolina 
was interested in running the Indian boundary north from 
Reedy River to the mountains, for that left no Indian hunt- 
ing grounds east of the mountains. Many Indian chieftains 
were to be present and locate the line. On May 6th the 
1767 governor left Brunswick, and on the 21st, with an escort 

of fifty men and a considerable number of surveyors and 
woodsmen, he took up his march from Salisbury for Reedy 
River, where he was to meet the Indians. On June 4th, 
with their sanction, Governor Tryon directed the line to be 
run a north course to the mountains. He favorably im- 



THE CHEROKEE LINE 



333 



C. R., VII, 

508 

Great Wolf 

of Carolina 



pressed the Indian chieftains, one of whom was the Wolf 
of the Keowee, the others having similar names ; and they 
complimented him, after their fashion, by conferring on him 
the title of "The Great Wolf." The line was run fifty-three 
miles north, where it struck a mountain, which the surveyors 
named Tryon, now in Polk County, on the dividing line be- 
tween the Carol inas, but then supposed to be well within the 
limits of North Carolina, in fact located on the map of that 
period as being in the Brushy Mountains, so little was then 
known of the western portion of the province. 

On his return the governor issued a proclamation forbid- 
ding any purchase of land from the Indians and any issuing 
of grants for land within one mile of the boundary line. 

Some years earlier adventurous hunters had begun to pass 
the mountains in search of game. Of these Daniel Boone Boone 
was perhaps the boldest. He crossed the valley of the Hol- 
stein, passed through Cumberland Gap, and visited Ken- 
tucky. At length, about 1768, settlements began to be made 
on the Watauga, the first to erect a cabin and to move his Watauga 
family, it is said, being William Bean, removing from some 
North Carolina settlement. Others soon followed. Thus 
began the occupation of that region, which later received 
large accessions from the inhabitants of the western counties. 

On December 5th the legislature again met. It made pro- 
vision for paying the cost of running the Indian boundary, 
amounting to about £400, expressed its sense of high obliga- 
tion to the governor for superintending it in person, thanked 
him for his care in erecting the governor's house and for 
calling attention to abuses in the collection of taxes by the 
sheriffs, and referred to the harmony and industry that pre- 
vailed in the province, but called attention to the distress, al- 
most ruin, that seems "to be our inevitable lot from the great 
want of a sufficient quantity of circulating currency." 



1767 



C.R.,VII, 

56s 



New legislation 

The two years for which the court law had been enacted 
being about to expire, a new law, establishing six judicial 
districts, was enacted to continue in force for five years and 
until the end of the next session of Assembly thereafter. 
These courts were to be held by the chief justice and two 



XXni,688 



334 TRVON'S ADMINISTRATION, 1765-71 



^ associate justices, and in case of the absence of the chief 

justice or either of the others, it was lawful for one to hold 
the court. Maurice Moore and Richard Henderson were 
appointed the associates. 



s. R.. 



XXIII, 711, An additional £10,000 was granted for finishing the gover- 
nor's house and a poll tax of 2s. 6d. was imposed for three 
years for that purpose. A stringent law was enacted with re- 
gard to the accounting of sheriffs, and members of the Assem- 
bly were declared ineligible to the sheriffalty. Public ware- 
houses were established for tobacco at Campbellton, at Tar- 
boro, Kinston, Halifax, and seven other points in the north- 
ern part of the province, inspectors to give receipts for the 
same, their receipts or notes being transferable in the course 
of trade ; and similar warehouses were established at Camp- 
bellton and Halifax for the storage of hemp and flax. 

Commissioners were appointed to construct a public road 
from the frontier in Mecklenburg County — that then ex- 
tended to the mountains — through Rowan, Anson and 
"Bladen, to Wilmington. The design was to connect the back 
country with the seaports of the province, the people of 
Mecklenburg and Rowan having theretofore established 
trade relations with Charleston. 

Under Governor Tryon's influence and the progress of 
events, there was a disposition to depart from the simplicity 
of former years, illustrated by the construction of the gov- 
ernor's palace, and the Assembly determined that the speaker 
and other officers of the two houses should appear in robes 
appropriate to their offices, and the governor was requested 
to procure them at the public expense. On January 16, 1768, 
the business of the session being well finished, the Assembly 
was prorogued until May. 

Tryon joins Becausc of the general distress incident to insufficient cur- 

in asking for '-' 

currency rency, acknowlcdgcd by the governor and merchants as well 
as by the people, a petition to the king was drawn by the 
Assembly, praying leave to issue i 100.000 in paper currency, 
and promising not to make any currency lawful ten- 
der for any indebtedness to the Crown or to any merchant or 

eii^ ' ^'"' others residing in Great Britain. The inference was that 
this paper currency would be made legal tender for debts 
within the province. Governor Tryon strongly urged that 



FEELING IN THE ASSEMBLY 335 

this request should be granted. He dvveh on the great need ^ 

for currency in the province, representing that there was not 
enough for the payment of taxes, and that indeed he thought 
that the abiHty of the people to raise the funds for the gov- 
ernor's mansion depended on this proposed issue of currency. 
He therefore had a personal interest in the matter. But the Currency 

^ petition 

petition was denied on the ground that legal tender paper refused 
currency led to frauds, and that no consideration of local 
inconvenience would induce the ministry to ask Parliament 
to depart from the principles of the act it had passed in 1764 
forbidding the issue of legal tender paper money. Later c. R;,^vii, 
Tryon again urged that this favor be granted to the people, 
for the public distress was augmented by the new taxes laid 
for the mansion, for the judges and other officers, and for 
other expenses that had been incurred at his instance. Much 
to his mortification he was curtly answered by the Earl of 
Hillsborough that the subject had been disposed of and could 
not be reconsidered. 

Pursuant to the declaratory act of March, 1766, new cus- New 



679, 681 



custom 



torn duties had been imposed on the colonies by act of Par- duties 

1- 111c rr • 1 imposed 

hament and a board of customs officers was appomted. 
This proceeding led to the publication of "Letters from a 
Pennsylvania Farmer" that again aroused the colonists, ancj 
the Assembly of Massachusetts in February, 1768, issued a 
circular letter to the other colonies, asking for "a united and '^- ^ ■ '^''^^ 
dutiful supplication" to the Crown, but the apprehension 
was expressed that they would be considered "factious and 
disloyal, and having a desire to make themselves independent 
of the mother country." This letter was received by Speaker 
Harvey on the first day of April ; and at the end of that '7^^ 
month the governor prorogued the Assembly till the middle 
of June. In the meantime the burgesses of Virginia had 
made a similar address. Soon afterward Governor Tryon 
received directions from the Earl of Hillsborough that if the 
Assembly of North Carolina should indicate any purpose to c. r.,vii, 
take action on the subject, he should prorogue or dissolve it, 
and in conformity with these instructions he prorogued the 
Assembly. 



7'i 



33<^ TRYON'S ADMINISTRATION, 1765-yi 



1768 The Regulators associate 

While continental matters were thus again claiming pub- 
lic attention, the people in the back parts of North Carolina 
were continuing their efforts to redress their local grievances. 
The initial proceedings of this movement had been directed 
from Sandy Creek, a tributary of the Deep (now in the 
eastern part of Randolph County), where Hermon Hus- 
band* resided. In the same vicinity lived his brother-in-law, 
James Pugh ; William Butler, the Coxes, Hendrys, Fudges, 
and other active men. Farther north was the residence of 
James Hunter, the first cousin of James and Alexander Mar- 
1768 tin, a man of parts and a strong speaker. Rednap Howell, 

^i^JiZl^.' another agitator, was a schoolmaster, and a maker of rhymes, 
whose point and wit, father than their musical cadences, ap- 
pealed to the popular heart. The greatest interest was mani- 
fested by the people west of the Haw. In February, March 
and April meetings were held at various points, and it was 
^ resolved that they should be held regularly every three 
^ (^ months. The officers had not attended, as required, to give 
an account of their stewardships. The demands of the peo- i 
c. R.,vii, pie were unsatisfied. Under the direction of their leaders 
671, 726 i^iig^. proposed to press forward, and a new character was im- 
parted to the movement. An oath-bound association was 
entered into, binding the subscribers to pay no taxes until 
they were satisfied that the levies were agreeable to law ; and 
to pay no officer any more fees than the law allows ; and 
they desired "that the sheriffs will not come this way to col- 
lect the levy, for we will pay none before there is a settlement 
c. R.,vii, to our satisfaction," and they asked that their assemblymen 
and vestrymen should appoint a time to settle with them. 
Hitherto the inhabitants engaged in these proceedings had 
assumed no nam.e, and were spoken of as "the mob," or "the 
country ;" now they began to be known as "the Regulators." 
The Sons of Liberty had vetoed the power of Parliament 
to tax America. The Regulators of Sandy Creek, not ques-' 
tioning the power of their county courts and Assembly to 

*While this name has been generally spelled Husbands there is no 
question that the true spelling is Husband. See facsimile autograph 
in Weeks, Southern Quakers and Slavery, 178. 



699, 726 ei 
seq 



THE REGULATORS ASSOCIATE 337 

lay taxes, vetoed the collection of the levies until they them- ^ 

! selves should have passed on the propriety of payment. 

The grievances they sought to remedy were general, all The 
persons except the officers being affected, and they had the association 
sympathy of even those who had not subscribed the asso- 
ciation. By April they were assured of the cooperation of 
many in the adjoining counties of Rowan and Anson, and 
they were strengthened in their purposes by these accessions. 
II was not long before an occasion arose for determined ac- 
tion. On April 8th Sheriff Harris of Qrange distrained a 
horse for a levy. The people were quick to resist. A hun- Sigf-iJ''' 
dred armed men appeared in Hillsboro, then a hamlet of two '^^'^■ 
stores, a few straggling log dv^^ellings, a framed building or 
two, and a small wooden court-house. They seized the sheriff' Hiiisboro 
and tied him, took possession of the horse, treated several 
of the inhabitants roughly, and being provoked by some one 
at the residence of Colonel Edmund Fanning, shot several 
bullets through the house, but without wounding any one. 
Colonel Fanning was an attorney and was absent, attending 
the court at Halifax. He was a representative of the county 
in the Assembly, colonel of the militia and register of deeds, 
by the appointment of the governor, in whose regard and 
esteem he stood very high. He was the leading officer of the 
county, and had now become the chief object of popular re- 
sentment. 

This outbreak caused consternation among the officers of 
the county. They had long been threatened ; now threats 
had become action. John Gray, the lieutenant-colonel of the 
mihtia, hastened to consult with Major Lloyd, proposing to 
call out the militia men, and he despatched information to 
Colonel Fanning. Fanning immediatelv ordered the captains c- r., vii, 
of the militia to raise their companies ; but the defection was 
so prevalent that to the astonishment of the officers, only 
one hundred and twenty men responded. Indeed Adjutant 
Fr ancis N ash, who was also the clerk of the court, reported 
that such was the universal dissatisfaction with the officers 
and leading men, that one hundred and fifty men could not be 
raised in the whole county to oppose the Regulators. Fan- 
ning hurried to Hillsboro and found that the people in 
every part and corner of the county were confederating by 



338 



TRYON'S ADMINISTRATION, 1765-71 



Micklejohn 

counsels 

moderation 



C. R., VII, 

718, 720 



\J^ solemn oath and with open violence to refuse payment of 

taxes and prevent the execution of the law, threatening death 
and destruction to himself and others. He reported to 
Governor Tryon that he learned that on May 3d they were 
to environ the town with fifteen' hundred men and execute 
their vengeance on him ; and if not satisfied to their desire 

c.^K ,vii, tiigy were to lay the town in ashes. Great was the excite- 
ment, and panic prevailed. On April 25th. the Regulators 
held a general conference, and on that occasion the minister 
of the parish, Rev. George Micklejohn, attended and per- 
suaded them from going to Hillsboro in a body, but to ap- 
point twelve men to be there on May nth and have a settle- 
ment with the officers in accordance with instructions then 
agreed on. 

Governor Tryon, on being informed of the riotous pro- 
ceedings of April Qth, ordered the militia of Bute and six 
neighboring cotmties to hold themselves in readiness to 
march to Fanning's assistance ; and wrote advising that if 
there were any grievances, the people should appeal to the 
Assembly ; and he declared that every matter founded in 
equity and justice would have his support, on condition, how- 
ever, that the people would disperse and that order and tran- 
quillity should be restored. These despatches were borne by 
his secretary, Mr. Edwards. But Fanning had not been con- 
tent to await developments. He proposed to act with reso- 
lution. On Sunday night, May ist, having caused warrants 
to be issued for the arrest of Husband and William Butler, 
Fanning with twenty-seven men dashed out to Sandy Creek 
and early Monday morning made the arrests, and hurried 
back to Hillsboro, where an order was prepared to incar- 
cerate the prisoners in the New Bern jail. The news flew 
through the country and a prodigious enthusiasm aroused 
the people ; they hurried with their arms to Hillsboro, 
but in the early morning as some seven hundred men were 
approaching the town, they were, to their astonishment, met 
by Husband. As quick as Fanning had been, popular action \ 

The people j^ad becn equally as speedy. The country was in arms, and 
the prisoners could not be conveyed to New Bern without 
rescue, and so, constrained by the uprising of the people, 



Hush-ind 
and Butler 
arrested 



C. R., V 

743 



in arms 



TRY ON PROMISES REDRESS 339 

Fanning- caused them to be released on bail. Thus Husband !I^ 

was unexpectedly restored in safety to his friends. 

Later in the mornins: Secretary Edwards. came out to meet c. r.,vii. 
the people. He read to them the governor's proclamation, 
and promised in the governor's name, if they would return 
to their homes and be quiet, he would seek to secure a re- 
dress of their grievances and would lay the matter before 
the Assembly. To this they agreed, saying that that was all 
they wanted. Such a petition was drawn for signature. 
While it was being circulated among the people there were 
a few days of repose. Ralph McNair, a warm friend of 1^^,11,^ 
Fanning, had lately spent some days with Husband, who 
had conferred with him as to the criminal offences that mobs 
might commit, and on McNair's return to Hillsboro he 
addressed a long letter to Husband more fully explaining 
these criminal matters, and urging him to come and confer 
with Fanning, bringing with him other men of his neighbor- 
hood, such as William Butler, John Lowe and James Hunter ; 
and he enclosed a petition which he suggested should be 
adopted and signed by the Regulators. But that petition did 
not meet their views, and at a general meeting, held on May 
2 1 St, it was resolved to hold by the first draft that had then 
been signed by about four hundred and fifty men, and a com- 
mittee was appointed to prepare an address to the governor, 
giving a full narrative of the grievances of the people, and of 
their action from the beginning. This paper is exceedingly ^J\'^]'^^J; 
well written and reflects much credit on its author. It was 
signed by John Lowe, James Hunter, Rednap Howell, Har- 
mon Cox, John Marshel, William Cox, William Aloffitt and 
George Hendry, one of whom probably wrote it. It was 
drawn with candor, and in some measure it bears testimony 
of the esteem in which Governor Tryon was held even by 
the Regulators themselves. At a meeting of the committee ^^e'^'^"' 
on May 30th, held at Cox's Mill on Deep River, they 
directed James Hunter and Rednap Howell to lay this ad- 
dress, the petition, and all the accompanying papers before 
the governor and council. This duty was performed on 
June 20th, and the next day the governor, with the concur- 
rence of the council, wrote his reply addressed to "the in- 
habitants on the south side of the Haw." While calling on 



340 " TRYON'S ADMINISTRATION, 1765-71 

^^ the people to desist from any further meetings and to aban- 

don all title of Regulators or associators, and to allow the 
sheriffs and other officers to execute their duties, the gover- 

c. R., VII, nor promised to "listen to the voice of distress and the just 
792, 794 , . "^ 

Tryon's complaints" of the people and "the hardships they may groan 



answer 



under," and to give orders for the prosecution of every offi- 
cer who had been guilty of extortion or illegal practices. At 
their request the governor also informed them that the pro- 
vincial tax for 1767 was seven shillings, to which were to 
be added the county and parish taxes. The Regulators, 
however, concluded that some of the provincial taxes laid 
for a particular object had long since answered the purpose 
of their creation, and that the public funds should be in a 
very different situation from that reported by the Assembly 
and the treasurers. They also saw that the proclamation of 
the governor against the taking of illegal fees had had no 
effect, for the register, they said, had raised his fees rather 
than reduced them. 

Tryon reaches Hillsboro 

On July 6th Governor Tryon, who resided during the sum- 
mer months in the up country, arrived with his family at 
Hillsboro. Days passed, and no answer was received to his 
letter, but he learned that the Regulators were continuing 

c. R.,vii, their meetings. A difficult situation was presented. Large 
numbers of the inhabitants, not actuated by any vicious pro- 
pensity, had joined themselves together in an oath-bound 
association to nullify the law. That the grievances they com- 
plained of were not merely imaginary, the governor had 
reason to believe. Thus far he had treated them with consid- 
eration, courtesy and respect. He had received their com- 
munications from their representatives and had answered 
while firmly, yet neither arrogantly, defiantly nor unkindly. 
As a representative of the king and the chief officer of gov- 
ernment, he could do not less than require submission to the 
constituted authorities, but apparently he sought concilia- 
tion. The time coming on for the appointment of sheriffs, 
he did not reappoint the sheriffs of Orange and Rowan, but 
substituted Lea for Harris in Orange and appointed a new 

!Pnn^8;7"' sheriff for Rowan. Still Harris had to collect the back taxes, 



REGULATORS STAND FIRM 



341 



and the governor on August 1st, being determined to assert 
llie authority of the province, sent Harris among the Regu- 
lators to make collections an"d advise them that he expected 
them to obey the laws of the country according to his letter 
of June 21st. 

Two days later the sheriff returned and reported that he' 
found assembled at the meeting at George Sally's nearly 
four hundred men, who unanimously refused to pay any 
taxes and declared they would kill any man who should dare 
to distrain for their levies. Other unavailing intercourse 
ensued between the governor and the Regulators, and the 
flame of discontent was constantly fanned. By August 9th 
five hundred men assembled at Feeds, and information was 
brought to Hillsboro that if the insurgents' demands were 
not complied with they would burn the town. The next day 
they approached to within twenty miles of Hillsboro, and 
matters wore a serious aspect. p]ut Tryon was not dis- 
mayed. He ordered out all the militia, two hundred and fifty 
of whom obeyed the call, and proceeded to fortify the 
town. On the evening of the 12th eight of the principal 
insurgents sought an interview with the governor to arrive 
at an understanding. 

One of the wild rumors that flew among the people was 
that the governor was to bring down the Indians on them, 
and that he was raising the militia to harry their settlements. 
It was this that inflamed them. At this interview the gover- 
nor made denial of such purposes ; Colonel Fanning and Mr. 
Nash agreed to submit the differences between the people 
and themselves to the judgment of the supreme court ; and it 
was further agreed that the accounts of the sheriffs and other 
officers, after being examined and approved, should be posted 
at the court-house, and that the sheriff should make no col- 
lections until after the approaching superior court in Sep- 
tember. At the same time the governor gave directions that 
the Regulators should meet on August 17th at George 
Sally's, where the sheriffs should attend with their settle- 
ment and give satisfaction to the people. These terms sat- 
isfied the leaders, and the Regulators dispersed and returned 
to their homes. But the governor was not at all satisfied. ; 
By show of force the people had gained a point ; and unless 



1768 



The 

Regulators 

deterniined 



C. R.,V1I, 
819 et seq. 



They 

approach 

Hillsboro 



C. R., VII, 

804 



Tryon 
orders out 
militia 



They 
disperse 



342 TRYON'S ADMINISTRATION, 1765-yi 

^ the powers of government were asserted, they would persist 

in having their own way. The extension of the movement 

c. R.,vii. had become formidable. Already their general meeting was 
spoken of by their committeemen as their "General Assem- 

in An^oii bly." From Anson, where in May the inferior court 
had been broken up, came an address to the gov- 
ernor from the malcontents, informing him that they to 

c. R., VII, the number of five hundred had resolved if nothing hap- 

°^ pcncd to their succor to defend their "cause in the dis- 

agreeable manner of a force, and to have persisted 
unto blood." In August also came the disturb- 
ing information that a body of eighty men had assembled at 

In juiinston jf-dm^ton Couuty court with the intention of turning the 

c. R.,vn, justices off the bench. It was the very first day of the term. 
The justices adjourned court for the term, and rallying the 
friends of government attacked the insurgents, and after a 
smart skirmish drove them out of the field. It seemed 
to the governor, if the movements were not arrested, 
that civil government in most of the counties would be over- 
turned, and that the insurgents would abolish all taxes and 
debts, and all laws for the enforcement of order. The trial 

c. R., VII, of Butler and Husband was to be at the September term of 

706 ^ 

court, and grave apprehensions were felt that the Regulators 
would rescue their leaders if convicted. Against such an 
event the governor took pains to guard. On August 13th, 
with the concurrence of the council, he required that twelve 
of the principal men should wait on him at Salisbury and 
give bond as security that no rescue should be made of Butler 
I and Husband ; and he determined to call on the people not 
' involved in the defection to rally for the support of govern- 
ment. He proposed to embody the militia of the western 
counties to protect the court and enforce its judgments. 

■ i 

The army of 1768 

Aug., 1768 Qn the very day that Sheriff Lea was to meet the people 
at George Sally's by the governor's own appointment. Gov- 
ernor Tryon left Hillsboro for Salisbury, where he arrived 
the next evening. He issued orders for the review of the 
Rowan regiment on the 26th, and then hastened on to Meck- 
lenburg, where he found emissaries from Orange arousing 



TRYON RAISES AN ARMY 343 

the people. The purpose of the governor was to collect a ^ 

force of volunteers througli the militia organizations to sus- 
tain the court and curb the Regulators. On the 2^d nine c. k.,vii, 

^ •-' 809 ( / Sff. 

hundred militiamen were reviewed at Colonel Polk's, and i'"^ 

governor 

an association oath to 'maintain the government and laws seeks aid 
against all persons whatsoever who shall attempt to alter, 
obstruct or prevent the due administration of the laws or 
disturb the peace and tranquillity of the province," was ten- 
dered them, but it being objected to, the call for volunteers 
v/as postponed. Subsequently a large number volunteered. 

Reaching Salisbury on the 25th, the governor found that 
the Regulators, while declaring that they had no intention 
to release the prisoners, declined to give the bonds required. 
But if disappointed by this denial, the governor had the c. r.,vii, 
satisfaction of receiving assurances from another quarter. 
The four Presbyterian ministers in the western counties sent ^he 

1 • 111-1 11 111- Presbyterian 

him an address, enclosing the pastoral letter they had writ- ministers 
ten to their flocks, urging the Presbyterians to be steadfast in 
support of government. He also found much gratification 
in the result of the review of the militia at Salisbury. So 
prompt and unanimous was the Rowan regiment to respond 
to his call for volunteers that the governor with great for- 
mality presented the king's colors to the Rowan regiment, 
and recjuestcd that Captain Dobbins' company, which was 
the first to volunteer, should bear them. Returning to Meek- c. r.,vii, 
lenburg, he directed the volunteers from that county to 
assemble on September 12th, and issued orders for the 
Rowan regiment to join him at Salisbury on the 13th. On 
the night of the 13th the two battalions encamped on the 
Yadkin, having with them two pieces of artillery, nine 
v/agons and accompanied by droves of beeves. En route to c. R.,vir, 
Hillsboro this little army passed for three days through the 
very heart of the disaffected district. Orders had been issued 
for the Orange and Granville militia to assemble, and on the 
2 1 St all the forces were united at Hillsboro. Here, too, the 
governor was joined by a number of gentlemen from the 
east and a company of cavalrv. But the insurgent leaders J,^^ , 

, . . ,_,- ' K emulators 

had not been inactive. They had collected a force of some embody 
eight hundred men, and at daybreak of the 22d took post 
within less than a mile of the town. However, instead of 



344 TRYON'S ADMINISTRATION, 1763-yi 

U^ making any attack, they opened negotiations for a settlement 

c.^R.,vii, of differences. Governor Tryon had been ill for several days, 
an illness that confined him for some five weeks. He con- 
vened a council of his officers and required that the Regula- 
tors should deliver up their arms, surrender five of their 
chiefs for trial, and should also declare that they would pay 

They retire ^|j ^^^^gg asscsscd against them. Not relishing these terms, 
the malcontents deemed it best to disperse. Thirty of them, 
however, delivered up their arms. The superior court opened 

Martin its session on September 22d. It was presided over by Mar- 

tin Howard, the new chief justice, who had been appointed 

The court by thc king and now displaced Hasell. He was a lawyer of 

^^''' Rhode Island, where, because of his loyalty in stamp act 

times, he had been hung in effigy, and his house and prop- 
erty destroyed by the outraged people. Leaving Rhode 
Island, he had in the intervening years resided in England. 
With him on the bench were Maurice Moore and Richard 
Henderson, the associate justices ; while McGuire, a fine law- 
yer, was the prosecuting officer, and John Cooke, appointed 
by the chief justice, clerk of the court. Husband was in- 
dicted and tried for being concerned in the riot, but was ac- 
quitted. Fanning was indicted in many cases for extortion, 
found guilty, and in each case was fined a penny and costs. 

c. R.,vii, His defence was that he had submitted the question to the 

843 et seq. . - . 

mfcnor court as to what fees he was entitled to, and he had 
in every instance taken less than the court had adjudged 
would be his due. William Butler was indicted for rescue of 
goods and also for a riot, and John Philip Hartso was like- 
wise indicted for a riot. These were convicted. Butler 
was fined £50 and sentenced to six months' imprison- 
ment. Hartso's sentence was lighter. Francis Nash appears 
to have been indicted for extortion, but his case was not 
tried, and he was bound over till the next term of the court. 

Trials of An indictment against Tames Hunter, Hamilton and others 
1768 . . 

was found a true bill by the grand jury, but was quashed for 

irregularity ; another indictment against James Hunter and 

others was also quashed ; and still another. From these 

proceedings it would appear that the court held the scales of 

justice with an even and impartial hand. Immediately at its 

close Governor Tryon issued a proclamation, "out of com- 



TRYON'S MODERATION 345 

passion to the misguided multitude, and being much more 'J^ 

inchned to prevent than punish crimes of so high a nature," 
granting pardon to all concerned in the disturbance of the The 

, < • IT T T 1 1 11 i 1 governor s 

public peace, except Hunter, Husband and eleven others; attitude 
and he released the prisoners and suspended the payment of 
their fines for six months, and later asked the king to extend 
pardon to all, both as to persons and fines, except alone as 
to Husband ; and he represented to the king that "to say that 
these insurgents had not a color for their showing a dis- 
satisfaction at the conduct of their public officers would be 
doing them an injustice, for both the register and clerk of 
the county of Orange were found guilty of taking too high 
fees." Colonel Fanning on conviction immediately resigned 
as register.* 

Oniet was now restored to the province, and the Assembly, ^°^-' '^68 

''-' 1111 tjovernor 

being convened on November 3d, on the 7th a quorum ap- thanked by 
peared, and the governor made a report of his proceedings ^^^"^ ^ 
against the Regulators. The house expressed to Governor 
Tryon its fullest conviction of the necessity for marching 
troops to Hillsboro, and its detestation of the riotous and 
illegal proceedings of the insurgents, and gratefully thanked 
him for his action. It also thanked him for his eflforts to 
secure an emission of paper currency as a legal tender, and 
again declared that it was "the only remedy of saving this 
province from ruin." It concurred in the governor's opinion ^I'l^"^^^ 
that the interior policy of the country was never more an 
object of serious concern than at that juncture, and the house 
added that it was happy in supporting his actions, and that 
it most sincerely wished that he should long continue to pre- 
side over the province. 

Tryon desires to leave 

Toward the close of 1768 it had doubtless come to be un- 
derstood that Governor Tryon was desirous of relinquishing 
his position as governor. His relations with the Earl of 
Hillsborough, who was the minister in charge of the colonies, 
were close, and to him probably Tryon confided his wishes. 
Not only did he see loom up before him the contest with the 
people growing out of their resolute purpose not to submit to 

*In England the law officers held Fanning blameless. (C. R. VIII, 33.) 



346 TRVON'S ADMINISTRATION, 1763-yi 

1768 ^i-jg exactions of Parliament, but the particular conditions in 

North Carolina must have been a source of annoyance as 
having been in some measure the result of his own action in 
fastening taxes on the people beyond their ability to pay, 
and thus inflaming the discontent which required force to 
s. R.,xi, suppress. Besides, he had sufifered grievously in his health, 
Mercer, aiid SO iu Deccmbcr, 1768, George Mercer was appointed 
t-gov. lieutenant-governor. Mercer was a Virginian, and had 
served with Washington in the French and Indian War. He 
had been stamp distributor in 1765, and had suffered for his 
loyalty. Like Martin Howard, he had taken up his residence 
in England, and now it was proposed to provide for him, 
as had been done for Howard, in North Carolina. He 
waited in England expecting to take Tryon's place when he 
should leave. A little later, an infant son having died in 
March, and perhaps urged by his wife, Tryon made a formal 
request to be restored to his regiment, or to be employed at 
court. 

He had so managed as to avoid issues and disputes with 
the Assembly, and at this session his personal influence was 
In other Still a factor. There had been clashing elsewhere. In 
Massachusetts the opposition to the collection of the custom 
duties had led to orders for troops and armed vessels to be 
stationed at Boston. On receiving information of this move- 
ment the people of that city, much excited, requested the gov- 
ernor to convene the Assembly, and when he refused the 
towns and districts appointed deputies to hold a convention. 
Nov., 1768 This body, the first of the kind, met and issued an address on 
the subject of the people's grievances. In other colonies pub- 
lic ardor was also aroused. When the North Carolina Assem- 
bly convened, Speaker Harvey presented the two letters 
from ^Massachusetts and A^irginia that had been received in 

r. R., VII, the spring. There w^as evidentlv a division of sentiment, but 
928 . 

moderation prevailed. The speaker was verbally directed to 

make reply to the letters ; and then local affairs engaged the 
attention of the body. Among the acts passed was one pro- 
hibiting that the two offices, clerk of the superior court and 
clerk of the inferior court, should be held by the same person. 
Coun" ^ "^^^' county was set ofif on the frontier of Mecklenburg 

and named Tryon in honor of the governor. Disappointed 



INTERNAL AFFAIRS 347 

in its hopes of being allowed to issue legal tender currency, U^ 

the Assembly, to pay the indebtedness of the province, now ^^■■ 
directed promissory notes to be issued to the amount of et seg. 
£20,000, and it authorized the sheriffs to receive in 
payment of all taxes, except those for the sinking fund, these 
notes and the promissory notes and receipts given by the in- 
spectors at the public warehouses for tobacco, hemp, rice, 
indigo, wax, tallow and deer skins. Such were the best 
measures the Assembly could devise to relieve the financial 
stringency and to make easy the payment of taxes. To 
lighten taxation the house also adopted a resolution that a 
tax of a shilling per poll imposed in 1760, and one of two 
shillings imposed in 1761 had had their effect and ought not 
thereafter to be collected ; and although the governor could 
not give his assent to the resolution, the direction of the 
Assembly was obeyed by the treasurers, sheriffs and people, c r , vii, 
Governor Tryon, however, again offered to lay before the ''^^ 
Crown an impartial statement of the situation, and to urge 
that permission be granted to emit legal tender paper cur- 
rency. 

The obstacle to the appointment of a provincial agent c. r., vii, 
continuing, the house by resolution appointed as its agent vm!"' 
Henry Eustace McCulloh, who, though a member of the "cCiiiioh 
council, was in England on leave, and was a correspondent ''s^'^"' 
of Speaker Harvey ; and it adopted a remonstrance and ad- 
dress to the Crown, expressing "their concern and anxiety 
because of the acts of Parliament in regard to taxation" and 
declaring that "free men cannot be legally taxed but by 
themselves or their representatives," and praying the king's 
"interposition in favor of the distressed and oppressed peo- 
ple in the colony." Its tone, however, was submissive rather 
than obstructive. It did not please Sam Johnston, 
who denounced it as "great pusillanimity." On the other 
hand Tryon felicitated himself on the temper and mod- 
eration of the Assembly. Doubtless there was a motive to 
seek favor abroad and, through the good offices of Governor 
Tryon, to secure if possible permission to issue legal tender 
currency, which was deemed so vitally necessary to the peace 
and happiness of the people. The chief obstacle in the way 
of accomplishing this purpose was Lord Hillsborough, and 



348 TRYON'S ADMINISTRATION, 1763-yi 

1769 ^^'^^^^ ^''^"'' Tryon was supposed to have a particular influence. 

"^ Having adopted its address and appointed an agent to pre- 

sent it, the house now appointed a committee of that body to 

c. R., VII, conduct the correspondence. Among those appointed were 
Samuel Johnston and Joseph Hewes, but they declined the 
service. Johnston saying that the proceedings "were so in- 
consistent with his sentiments" that he refused to join in the 
address. The address was well received by the king, and 
Lord Hillsborough at once indicated that while he could not 
assent to the issue of a legal tender currency, yet if the As- 
sembly would ask to issue a paper currency founded on 
credit, similar to that of New England and Maryland, every 
indulgence would be allowed. 

In England there was much diversity of views in regard to 
America. Parliament in February urged the king to action, 
and that he should have offenders against the law transported 
to England and tried there ; but McCuUoh wrote to Harvey : 

c. R. VIII, "I have it from authority to acquaint you that the acts com- 

^^'^ ° plained of are to be repealed — their proud stomachs here 
must come down — our politics are a scene of confusion. 
Men's minds seem greatly inflamed. The ministry most 
cordially hated." Hillsborough himself wrote to Tryon that 
"in the opinion of the present ministry it was inexpedient 
to tax America ; that instead of other taxes, at the next ses- 
sion the ministry is to propose to take off the duties on glass, 
paper and colors." 

March, 1769 [ Six uiouths had now passed with no notable disturbance 

c. R.,viii, among the people. At March term James Hunter was tried 
at Hillsboro and, although convicted, was awarded a new 
trial. Husband, who was also then tried, was acquitted. 
Sheriff Lea, when attempting to arrest some of the former 
insurgents, was seized by their friends and severely whipped; 
but the governor, who seemed inclined not to be too quick 
to raise a quarrel with the people, said that the act did not 
meet with the general approbation of the Regulators, and the 
people were quiet ; yet the council recommended that the 
prosecution of the offenders should be conducted with the 
utmost rigor of the law. On May 6th, Governor Tryon, 
announcing that he had qualified under his commission as 



3» 



REGULATORS' ADDRESS TO THE PROVINCE 349 

governor, dissolved the Assembly and issued his writ for an ^j^ 

election of new members, to be held July i8th. c. r.,viii. 

In view of this election the Regulators issued an address wheeier, 

, . , , . r , ... Hist. North 

to the mhabitants of the provmce, hopmg to change the Carolina, 11, 
personnel of the Assembly. In it it was declared that the ^^^ 
causes of the commotions w'ere the misapplication of the pub- The causes 
lie money to the enriching of individuals without defraying ° compamt 
the public expenses ; pillaging the people by exorbitant and 
unlawful fees of public officers ; limiting the jurisdiction of 
the inferior courts, dragging the people into the superior 
courts, adding greatly to the necessary expenses and cost of 
litigation. Especially was stress laid on the enormous in- 
crease of the provincial tax, and with fine art it was said : 
"Many are accusing the legislative body as the source of all 
these woeful calamities. These, it must be confessed, are the 
instrumental cause." But the address bluntly laid the trouble Husband's 
at the door of the people, and asserted that "the original, ^""^ 
principal cause is our own blind, stupid conduct in choosing 
persons to represent us who would sacrifice the true interests 
of their country to avarice or ambition." It was declared 
that "the majority of our Assembly is composed of lawyers, 
clerks and others in connection with them, while by our own 
voice we have excluded the planter." It was a strong ad- c r., viii, 
dress. It had its effect in Orange, Granville and Anson. In '°^ 
Anson, Spencer was rejected by the people; in Granville, 
Tom Person and Howell Lewis were elected. Orange sent 
Husband and Pryor instead of Edmund Panning and 
Thomas Lloyd. Mecklenburg and Rowan, however, stood 
firm. In the latter Rutherford was again returned, but Fro- 
hock, then under grave charges, gave place to Sheriff Locke. 
While there were other changes in several counties, they do 
not seem to have been due to these influences. However, 
the Regulators were not content to rest there. In August a 
committee was raised to attend the Salisbury court, and to 
bring to justice those officers who had broken the law; but 
their efforts were without avail, for in every case they pre- 
sented the grand jury ignored the bills. Yet they had this ^ ,, ^ni 
satisfaction — that the governor, having received authority ^^ 
from the king, now issued his proclamation pardoning 



37 



Ig 



350 TRVON'S ADMINISTRATION, 1765-71 

U^ James Hunter and all other persons who had been concerned 

in the disturbances of the previous year. The ordeal of the 
courts had been stood. No punishment had resulted. 

Storm at Qn September 7th a great disaster befell New Bern and 

New Bern ' / o 

the eastern part of the province. The severest storm ever 
known devastated that section. The tide rose in a few hours 
at New Bern twelve feet higher than ever before, and the 
wind blew so violently that nothing could stand before it. 
Every vessel and boat was driven up into the woods. One 
entire street, with its houses, storehouses and wharves, was 
swept away, and several of the inhabitants were carried off 
in the flood. Bridges and ferryboats were destroyed, and 
the roads were impassable for weeks because of the fallen 
c. R,vin, trees. For the most part the crops were lost and there was 
The'^Ilw great suffering in all that region. In the midst of this 
Assembly wreckage the Assembly met in October at New Bern, Har- 
vey again being the speaker. The situation was somewhat 
dififerent from that at the previous session. In May the Vir- 
ginia Assembly had adopted vigorous resolutions against the 
acts of Parliament, and George Washington was about to 
present resolutions again recommending the non-importation 
of British goods, when Lord Botetourt, the governor, hastily 
Oct., 1769 dissolved the Assembly. But the members were not to be 
Themeeiiiig thus outdonc. Thcy immediately convened as a sort of con- 
vention at Raleigh Tavern and adopted Washington's resolu- 
tions and communicated their action to the other colonies, 
and once more non-importation agreements were entered into 
by the people in all the provinces. 

Similar sentiments dominated in North Carolina, and to 
allay them Governor Tryon in his address to the Assembly 
c R , VIII, urged that : "The weighty concerns that will fall under your 
consideration this session require all possible temper and 
moderation ;" and he had the happiness to inform the body 
that the ministry, instead of laying further taxes, had the 
intention to propose to Parliament to take off the duties on 
glass, paper and colors ; and he besought their prudence and j 
candor and a confidence that would remove the prejudices 
that had been excited against the mother country. 



a! Raleigh 



88 



new counties 



THE ASSEMBLY ACTS 351 

The house proceeds to business 1769 

Petitions were presented to the Assembly by many inhabi- 
tants of Anson County, and also by inhabitants of Orange 
and Rowan, settinsr forth the o-rievances of which the Re8:u- 
lators complained, and urging remedies. These papers, like Pe'tlti. n! h>r 
the address to the governor of May, 1768, were admirably 
drawn. Especially were the remedies recommended in the 
Anson petition worthy of the earnest consideration of the 
Assembly. They proposed reforms that in the progress of ^.J^'^J^'' 
events had become necessary in the administration of public 
affairs. The house first, with the concurrence of the gover- 
nor, appointed an agent for the colony, McCulloh being 
continued in that employment. Then, when it had hardly en- 
tered on the business of the session, Speaker Harvey pre- 
sented the resolutions transmitted by the House of Burgesses 
in Virginia. 

Nothing now was to be gained by moderation. The ap- c. r. viii, 
peals of the governor were disregarded and the Assembly at The 
once unanimously adopted similar resolutions and also dVnant ^' 

"Resolved, That the sole right of imposing taxes on the inhabi- 
tants of this his Majesty's colony in North Carolina is now and 
ever hath been legally and constitutionally vested in the house of 
Assembly, etc. 

"Resolved, That all trials for treason or crime whatsoever com- 
mitted in said colony by any person residing therein ought of right 
to be had and conducted in and before his Majesty's courts held 
within said colony," etc. 

In the address to the king the Assembly said : "We cannot with- 
out horror think of the new, unusual, and permit us to add uncon- 
stitutional and illegal mode recommended to your Majesty of seizing 
and carrying beyond seas the inhabitants of America suspected of any 
crime," etc. 

An address to the king was adopted which the committee 
of correspondence was to transmit to jNIcCulloh "with direc- 
tions to cause the same to be presented to his Majesty and 
afterward to be published in the English papers." This 
measure, as violent as it was unexpected, was a blow in the 
face to the governor. As a salve to his wounded pride, the c k.,viii, 
house, however, assured him of its steadfast confidence in '^^ 



ette, 

1769 

Noil 



352 TRYON'S ADMINISTRATION, 1765-71 

^ his good purposes and intentions, and of its unalloyed es- 

teem and attachment ; but its action required him under his 
instructions to dissolve the Assembly, and this he did with 
Nov. 6-7, some show of mortification rather than of anger. But the 
'^^^ members, notwithstanding the dissolution, immediately re- 

s. c. Gaz- paired to the court-house, organized by electing John Harvey 
Dec. 8, moderator, and prepared an association paper which they 
signed, pledging themselves to non-importation and not to 
portation usc goods of British manufacture. 

Writing to Lord Hillsborough in January, Tryon re- 
ferred to his application to be relieved as governor, and re- 
marked that the proceedings of the Assembly wounded his 
sensibilities — the more because he was dangerously ill at the 
c. R., VIII, time. He had no expectation of re-establishing cordial re- 
169, 170 lations. "Confidence, my lord," said he, "that delicate polish 
in public transactions, has received an ugly scratch, and I 
fear we have no artists here who can restore it to its original 
perfection." He would have been glad to leave the province 
at once, but until the building at New Bern should be com- 
pleted and his accounts should be passed on, he felt it neces- 
sary to remain ; but he ardently requested leave to return to 
England in the spring of 1771. Hillsborough about the same 
time directed him to call a new election of representatives, 
and urged that he should be cautious in his speech; for in- 
deed the governor's address to the last house, "pledging the 
faith of the Crown for the repeal of some taxes," had been 
brought into Parliament, and a motion made there that "it 
Martin, was dcrogatory to his Majesty's honor, and to the freedom 
ci?oih!r'^ of parliamentary deliberation." But Hillsborough was able 
II, 253 to protect him, and the proposed rebuke failed to pass. 

Before the dissolution the house had entered zealously on 
of the business. The petitions of the inhabitants of the different 

^'°^ ^ western counties were read to the Assembly by Husband, one 

of the representatives of Orange. Apparently they were not 
drawn by the same hand. One from Orange, signed by 
Francis Nash and other officers of the government, asked 
that there should be established at Hillsboro a public in- 
spection of tobacco and hemp, and other commodities ; one 
^5-8^'^'"' from Anson County particularly desired that Presbyterian 
ministers might be allowed to celebrate marriage with pub- 



REMEDIAL LEGISLATION PROPOSED 353 

lication of banns. The grievances complained of by the ^ 

Regulators were set forth in petitions from Anson and from 
Orange and Rowan. The state of the sinking fund was 
particularly commented on. A division of Orange and 
Rowan was asked for. It was proposed as remedies for ex- 
isting evils the use of tickets and ballots at elections ; impos- 
ing taxes on estates ; not collecting taxes in money until there 
was more currency ; abolishing fees and perquisites for the 
chief justice, paying him by a salary ; giving to a single 
justice the power to enter final judgment without appeal and 
without lawyers on small debts ; restricting the fees of clerks 
and lawyers, and relieving defendants of costs on indict- 
ments when not found guilty by the jury. The Assembly was 
also requested to send a remonstrance to the king on the 
conduct of the receiver of quit rents, and also in regard to 
the action of the governor and council in granting warrants Reforms 
for lands. And the Assembly was asked to establish ware- 
houses on the Peedee, on the Catawba, at Campbellton, and at 
some point in Tryon County ; and finally that every denomi- 
nation of people might marry according to their respective 
ceremonies. Some of these proposed reforms had in the 
progress of events become necessary in the administration 
of public afifairs, and were worthy of the earnest considera- 
tion of the Assembly. 

Agreeably to these petitions the Assembly had at once 
begun to devise remedial legislation. A bill allowing a single 
justice to try cases involving only £5 passed all of its sev- 
eral readings, except the third in the council, when the dis- 
solution occurred, and it fell. Another, to limit the fees c. r.,viii, 
taxed for attorneys, met with a similar fate. The Assembly The 
was pressing forward in the consideration of such measures relp'oT.si've 
when it was notified of the impending dissolution ; and then 
in its last moments, with the hope and expectation of bene- 
ficial results, it passed some resolutions intended on the one 
hand to remove grievances and on the other to curb popular 
demonstrations. It resolved that the public accounts, begin- c. r.,viii, 
ning with the year 1748, should be examined and stated by p^^,,,;,, 
Mr. John Burgwin, confessedly a very competent accountant, accounts 
who was required to make his report at the next session ; and 
it resolved that if any public officer exacted illegal fees, on 



354 TRYON'S ADMINISTRATION, 1/63-/I 

12^ conviction he should receive the highest punishment the 

house could inflict. But opposition to sheriffs being preva- 
lent and peace within the province being of the greatest mo- 
ment, the house declared that all persons who opposed sher- 
iffs in the execution of their office should be regarded as 
enemies of their country and deserving of the highest pun- 
ishment. 

The failure of remedial enactments because of the unex- 
pected dissolution was a great disappointment to those mem- 
bers of the Assembly who sympathized with the Regulators. 
A similar disappointment was felt generally by the people at 
the west. They had counted much on their appeal to the 
Assembly, and now the Assembly had passed without result. 
In February the governor issued a proclamation for a new 

Feb , 1770 election of assemblymen. In view of this election the leaders 
of the Regulators at once entered on an active cam- 
paign to gain members favorable to their interest. Large 
parties visited the counties in the upper districts, and even 
ill-treated those who refused to join their standard. As yet 
they had not paid their taxes. For the year 1766 the sheriff 

c R.,viii. Qf Rowan jeported iS"^^ of them delinquent. For the year 
156, 192, 195 , ^ . ^^ '■ , •' 

1768 only 205 paid taxes in that county, not being one in ten 
of the inhabitants. On March 13th, the day after the elec- 
tion. Judge Aloore, who was holding court at Salisbury, 
wrote to the governor that "there is no such thing as col- 
lecting the public tax or levying a private debt," and that 
civil process could not be executed among the Regulators. 
Early in April the governor therefore issued a proclamation 
commanding the enforcement of the law and requiring that 
all sheriffs obstructed in their office should attend at the next 
meeting of the Assembly. 
The Sons ^^^^ rebclHous action of the late Assembly, however, de- 

Acti'e""^ termined the governor to postpone the meeting, and he pro- 
rogued the Assembly until November. But proroguing the 
Assembly did not deter the people. At a general meeting of 
the Sons of Liberty of the six Cape Fear counties, held at 
Wilmington on July 5th, Cornelius Harnett being the chair- 
South man. it was resolved to adhere to non-importation ; and as 

Rhode 



Caroli 
Ga/clte, 



July 26, 1770 j^Q mercantile dealings 



Island had violated her faith, they resolved to have 
:antile dealings with Rhode Island, and that "all mer- 



THE HILLSBORO RIOTS 355 



chants who will not comply with the non-importation agree- '7?° 

ment are declared enemies to their country." And it was 
asserted that not only the inhabitants of the six counties, but 
of every county in the colony, were "firmly resolved to stand 
or fall with them in support of the common cause of Ameri- 
can liberty." The temper of the people was firm and fixed 
to maintain their rights and to resist British aggression ; and 
Governor Tryon saw with uneasiness on the one hand the 
resolute Sons of Liberty, and on the other the discontented 
inhabitants of the interior agitating for desirable local reforms 
and for a mitigation of local grievances which he was power- 
less to remedy. 

Early in June the palace was so near completion that the 
governor removed from Brunswick and took up his residence 
in it. 
The superior court broken up 

When the superior court was to meet at Hillsboro in Sep- Hiiisboio, 
tember. Chief Justice Howard was absent. Judge Richard c^r'/viii, 
Henderson opened the court on Saturday, September 22d. ^^s. 24s 
On taking his seat a petition, addressed to the chief justice 
and associate justices, was presented by James- Hunter, in 
which it was declared that the juries were illegally drawn and 
were prejudiced, .and that the county justices were parties 
to the delinquencies of the sherifi:'s and other officers ; that the 
officers still took illegal fees; that the sheriffs would not 
settle, and their bondsmen were insolvent; that justice was 
not administered in the courts, and that thev had deter- c=iusenf 

,,.,,. ■ discontent 

mmed to obtam redress, but in a legal and lawful way. On 
receiving this address Judge Henderson promised to make 
an answer to it on Monday; but on the opening of the 
court on that day some one hundred and fifty Regulators, 
at the head of whom were Husband, Hunter, Howell, But- 
ler, Hamilton and Jeremiah Fields, came into the court- 
house armed with clubs and whips. Fields, addressing 
the court, declared that the Regulators did not propose 
to have the cases against their leaders postponed, but 
that the trials should proceed at once ; and as they ob- 
jected to the jurymen drawn for that court, they would 
have others appointed who would not be prejudiced against 
their own party. The judge undertook to reason with 



356 TRVOX'S ADMIXISTRATION, 1763-71 

^ the crowd and addressed them, whereupon they with- 

drew, but immediately fell on John Williams, an attorney, 
who was coming into court, in such a furious manner that 
it was with great difficulty his life was saved by his 
escaping into a storehouse. Their blood being now up, they 
seized Colonel Fanning, who had sought shelter on the 
bench, and dragged him by the heels out of the door of the 
court-house, and were dealing him furious blows when he, 
too, succeeded in escaping and took refuge in a store, which 
the mob then attacked, demolishing the windows with stones 
and bricks, trying to force him. from his shelter. During 
the uproar several approached the judge on the bench, tell- 
ing him with great oaths that his "turn should be next ;" but 
Hunter and others soon informed the judge that he should 
not be hurt if he would proceed to hold the court till the end 
of the term, requiring, however, that no lawyer should be 
allowed to attend except alone the prosecuting officer, and 
saying that "they would stay and see justice impartially 
done." In the meantime Thomas Hart, Alexander Martin, 
Michael Holt and many others had been severely whipped, 
and Colonel Gray, Major Lloyd, Francis Nash, John Cooke, 
Tyree Harris and others fled for safety. The judge did not 
disdain to resort to artifice. He agreed to hold the court as 
required ; but after four or five hours, the rage of the crowd 
having subsided a little, they permitted him to adjourn the 
court for the day, and conducted him with great parade to 
his lodgings. At ten o'clock that night the judge, thinking 
discretion the better part of valor, escaped by a back way, 
gained the woods and fled to his home in Granville. 

Fanning, having surrendered to them, was allowed to re- 
turn to his home on his word of honor to attend them the 
next day. They decreed his death, but more humane coun- 
sels prevailed, and he was permitted to take to his heels and 
run until he should get out of their sight. They then de- 
stroyed his residence and household effects. For two days 
the riot continued, the merchants and inhabitants being run 
out into the country, expecting their stores and houses to be 
pillaged and laid waste. But besides breaking the windows 
of most of the houses, not much substantial damage was 
done, except to Fanning's dwelling. 



THE ASSEMBLY OF 1770 357 

Judge Henderson hastened to make a report of these pro- ^^ 

ceedinsrs to the governor, who convened his council; and on c. r., viii, 
October i8th the governor issued his proclamation requir- 
ing the justices to make diligent inquiry into the offences 
committed and transmit the depositions of witnesses to be 
laid before the next General Assembly. Judge Henderson's 
broken faith in not continuing to hold his court met with 
severe retribution. On the night of November 12th his barns 
and stables were destroyed, several horses being burned in 
the conflagration, and two nights afterward his dwelling 
house was set on fire and consumed. Contemporaneously c. r.,viii, 

. ^ ' 258-264 

with the news of this destruction came the disquieting infor- 
mation to the governor that the Regulators proposed to come 
down to New Bern to intimidate and overawe the Assembly, 
then about to meet or to prevent Colonel Fanning from tak- 
ing his seat as a member. In the meantime some of the in- R^dressers 
habitants at the west, seeking self-preservation, entered into c. r.,viii, 
a sworn association under the name of Redressers to assist ^^'* 
and protect each other. Among those thus associated were 
Edmund Fanning, Francis Nash, Adlai Osborn, Alexander 
Martin, Jesse Benton, John Hogan, Thomas Hart, James 
Murphey, Will Mebane and others afterward prominent as 
citizens in that region. 

On December 5th the Assembly met. There was no great Dec, 1770 
change in membership. Hillsboro having been created a 
borough town. Fanning was returned as its member. 

John Harvey, who had been speaker during the last two 
assemblies, was now ill at home, and in his absence Samuel 
Johnston proposed for speaker Richard Caswell, who was 
unanimously chosen. The governor received the Assembly in 
the new mansion, which was then finished ; and considering 
New Bern as the established seat of government he later, at 
the request of the Assembly, ordered the secretary to remove 
all the papers of the secretary's office from Wilmington to 
that town. 

The governor in his address again repeated his earnest c. r.,viii, 
recommendation for a new system of keeping the public ac- 
counts and inveighed strongly against the loose methods that 
had always been in vogue in the province. He also urged 
the most scrupulous inquiries into the complaints against 



35S TRYON'S ADMINISTRATION, 1763-yi 

^ public officers, and that a clear statement should be made of 

the fees to which they were legally entitled. Animadvert- 
ing with great indignation on the mob who in contempt of 
the resolve of the last house had torn "justice from her 
tribunal and renounced all legislative authority," he urged 
the raising of a sufficient body of men to protect the magis- 
trates and civil officers in the execution of the laws. He 
nevertheless directed particular attention to the desirabilitv 
of establishing a public seminary in the back country, and 
otherwise recommended that there should be general coop- 
eration in measures for the public good. 

Tryon Thc Earl of Hillsborough had some months before men- 

to'Ncw York tioned to the governor that he had had an opportunity of hav- 
ing him transferred to New York and would have done so 
had he thought that Governor Tryon desired it. The gov- 
ernor expressed regret that the position had not been ofifered 
him. He now informed the Assembly that he had received 
leave of absence, but hoped that before his departure he 
would be able to give stability to the interior police of the 
country, and restore to the province the blessings of peace. 
At the very time he was making this communication to the 
Assembly, arrangements were being made in England for 
his transfer to New York, and on December 12th he was 
appointed governor of that province. In view of his ex- 
pected departure for England, and there being no friction at 
the moment over continental affairs, the relations between 
the governor and the Assembly were most cordial. The As- 
sembly warmly expressed its gratification and appreciation of 
his valuable services as governor and their confidence in the 
sincerity of his efiforts to promote its prosperity and welfare, 
and he repeatedly declared his unchangeable purpose to use 
his influence under all circumstances to advance the peculiar 

c. R.,viii, interests of the province. "Neither time nor distance can 
ever cfiface from my mind," said he, "the just sense of the 
obligations I owe you for your favorable opinion of my pub- 
lic services." On all sides there was a purpose to enter at 
once on the consideration of the remedial legislation which 
had been interrupted by the dissolution of the previous As- 

^ . semblv. Edmund Fanning, a close friend of the governor 

Fanning - i i f 1 t-> 1 

active and the greatest sufferer at the hands of the Regulators, 



317 



REMEDIAL LEGISLATION 359 

was among the foremost in this important work. He pre- ^ 

sented petitions from the Presbyterians asking that their 
clergy might be authorized to perform the marriage cere- 
mony according to their own rites, also petitions for the 
division of Orange County, and he otherwise sought to pro- 
mote the wishes of the people. A committee was raised to c.r.,viii, 
consider the amendment of existing laws, and Mr. Fanning ^" 
from that committee reported that the laws establishing fees 
of the various officers should be made more clear ; that the 
Presbyterian clergy should be allowed to solemnize the rite 
of marriage by a license, without any fee to the established 
clergy ; that the law relative to the inferior courts should be 
amended, and their jurisdiction and that of single magis- 
trates should be enlarged ; and he suggested that the com- 
mittee should be continued during recess. Colonel Ruther- 
ford was similarly active, and introduced several bills for 
the erection of new counties, which the people by their peti- 
tions requested. The counties of Wake, Guilford, Chatham ^iie new 

, Counties 

and Surry were thus established. The fees of officers were 
regulated, and the charges of attorneys-at-law were fixed 
according to the service rendered. The amount in every 
case was to be included in the bill of costs, and nothing ^.^.?,;, 

'^ A A 1 1 1 , 789 

more than the law allowed was to be demanded bv them ; 
yet any client was permitted the privilege of paying more 
after the matter was concluded if he felt so disposed ; and if 
any lawyer neglected his case the court was to direct that he 
should pay the costs. 

Because of the scarcity of money sheriffs were forbidden 
to sell property for less than two-thirds of the appraised 
value. The fees of clerks were regulated, and those thereto- xx^n'i, 782 
fore allowed by law to the chief justice were abolished, and ^' '"'■ 
an adequate salary was provided for him. To encourage 
immigration, all persons who should come into the province 
directly from Europe were -exempted from the payment of 
taxes for four years. In order to promote education Gov- 
ernor Tryon in his address had recommended the establish- 
ment of a public school in the western part of the province, 
and Fanning brought in a bill for that purpose ; and an act 
was passed incorporating Queen's College at Charlotte, a Q„een's 
hamlet in Mecklenburg, so called in honor of her Majesty. College 



36o TRYON'S ADMINISTRATION, 1765-/1 

U- These and various other acts were intended and calculated 

to remove and redress the grievances of which the Regula- 
tors had complained. 

The riot act 

Jan., 1771 g^^j. ^j-,g Assembly was not willing to stop there. It pro- 

posed that the peace of the province should not be disturbed. 
It passed an act introduced by Samuel Johnston to prevent 

c. R.,viii, tumultuous and riotous assemblies. It enacted that if ten or 

* ' more persons, being unlawfully, tumultuously and riotously 

assembled together, to the disturbance of the public peace, 
after being openly commanded by any justice or sherifif to 
disperse, should notwithstanding remain together one hour 
thereafter, they should be adjudged guilty of felony and suf- 
fer death. And it was made the duty of such justice or 
sherifif and such persons as should be commanded to assist to 
apprehend the rioters ; and if any of them in resisting should 
be killed the officers should not be held liable ; and it was 
enacted that the prosecutions under that law might be in 
any superior court in the province, and not necessarily in 
the county or district where the oflfence was committed ; and 
also if any bill of indictment was found for an offence under 
that act, it was lawful for the judges of the superior court 
to issue a proclamation to be put up at the court-house and at 

Johnston's each churcli or chapel of the countv where the crime was 

bloody bill . ^ ,.,.-, , 

committed, commandmg the mdicted person to surrender 
himself to the sherifif within sixty days ; and if the person did 
not surrender himself according to the proclamation he 
was to be deemed guilty of the ofifence as if he had been 
convicted ; and it was made lawful for any one to slay such 
outlaw. 
Drafts In anticipation of further riots and insurrections the gov- 

ordered emor was authorized to order out drafts from the dififerent 
regiments of militia, who were to be paid for their services, 
and he was authorized to draw his warrant for the payment 
of such sums of money as should be necessary, which the 
treasurers were required to honor. And if any number of 
men should in an armed and hostile manner oppose the 
military force raised under the act, they were to be consid- 
ered as traitors and treated accordingly. 



THE JOHNSTON ACT 361 



Such was the measure of repression to vindicate "the hon- ^JJl 

or of e^overnment." "Your absence," wrote Iredell to Har- c. r., viii, 
vey, "at so critical a period is much to be regretted." "This 
bill, I believe, you would have thought expedient, though 
severe ; but desperate diseases must have desperate rem- 
edies." 

It was indeed a severe penal act, but was to remain in 
force for only one year and no longer, and during that period 
it was to be read by the justices at the court-house door in 
every county on the second day of court, and by the minister, 
clerk or reader at their place of public worship immediately 
after divine service once every three months. 

By it the Assembly proposed to maintain the authority of 
government, to prevent riots and suppress insurrections even 
at the cost of blood. 

It had been said that the Regulators proposed to embody F'''!^j:'^f''" 
and forcibly prevent Edmund Fanning from taking his seat. 
Because of these threats the governor was so apprehensive 
that he caused a ditch to be dug from Neuse to Trent River 
enclosing the inhabited part of the town ; and the militia of 
the neighboring counties were directed to oppose the insur- 
gents should they come. During the sitting of the Assembly 
James Hunter published a letter addressed to Judge Maurice 
Moore in the New Bern Gaacttc, which was deemed slan- 
derous. Moore was a member of the house, and the house 
took notice of it, and it being understood that Hermon Hus- 
band, also a member of the house, had caused it to be printed 
a committee was appointed to investigate the matter. After fe'g'^'i^"^' 
an examination the house resolved that Husband was guilty 
of gross prevarication and falsehood ; and as he had in- 
sinuated in conversation that, in case he should be confined 
by order of the house, he expected down a number of peo- 
ple to release him, he was adjudged in contempt of the 
house, and was immediatelv expelled. The governor at once Husband 
convened the council, the chief justice being one of the body, 
and it being considered that if Husband should rejoin the 
Regulators fatal consequences might ensue, they unanimously 
requested the chief justice to take depositions and issue his 
warrant for apprehending Husband, who was committed to 
jail and confined until he could be tried. 



362 



TRYON'S ADMINISTRATION, 1765-71 



■^mi^ 



495 



C. R.,VIII, 

490 



On January 15, 1771, the riot act was passed. A week later 
c. R.,viii. the governor informed the Assembly that he had received in- 
telligence that led him to apprehend that the insurgents were 
preparing for some speedy act of violence — the liberation of 
Husband by force. All now was in a flutter, and an appro- 
priation was made to enable the governor to withstand the 
expected assault. The public business was hurried to an 
end, and on the 26th the Assembly was prorogued to meet on 
May loth. Governor Tryon apparently had a disposition to 
try conclusions with the Regulators. He did not wish to 
leave the province at the end of his term in a state of an- 
archy and confusion, and so he rather courted a situation 
that would result in the speedy suppression of disafifection. 
The legislation of the session was calculated to disarm op- 
position, and he hoped that it would disorganize the adher- 
ents of the Regulator chieftains. After Husband had been 
in jail a month reports were received that the people of 
Orange were assembling, and on January 19th the governor 
appointed a special court under the riot act to be held by the 
chief justice on February 2d for the trial of Husband and 
other alleged criminals. In anticipation of an attempt at 
rescue, the governor ordered the militia of the neighbor- 
ing counties to be in readiness to repulse the insurgent 
force. The Wake regiment assembled at Colonel Hunter's ; 
that of Johnston County at Smithfield, while Colonel Caswell 
held the Dobbs militia at Kingston. It was reported that the 
march on New Bern would begin on the nth, and a procla- 
mation was issued prohibiting for a reasonable time the 
sale of firearms and ammunition, lest they should come 
into the hands of the mob. On February 8th, however, the 
grand jury of the special court, having considered the bill 
preferred against Hermon Husband for libel, found it not a 
true bill and Husband was discharged. Being now free, he 
leisurely returned to the back country. In the meantime the 
Regulators had been active, and having embodied a large 
force, crossed the Haw River, and proceeded to the eastward. 
With that detachment were thirteen wagons, while four 
wagons had not yet crossed the river, when Husband reached 
Hunter's Lodge in Wake County, where the \\'ake regi- 
ment was assembled, and wrote assuring his friends of his 



Miliiia 
moves 



C. R.,VIII, 
498 



Husband 
discharged 



C. R., VIII, 

500-509 



THE REGULATORS DECLARE THEIR PURPOSE 363 

release and safety. William Butler havinsr received this '77' 

communication from Husband, hastened to the Regulator Peculators 

'-' retire 

camp and, the object being accomplished, the insurgents re- 
tired. The danger being passed, on February 17th Colonel 
Hinton discharged the Wake militia, and the other regiments 
were likewise disbanded. There was a temporary lull ; but, 
nevertheless, the governor and council thought it prudent 
to perfect the defences at New Bern, where another term of 
court was to be held early in March. 

Notwithstanding the remedial acts so lately passed, the 
Regulators were not at all content. They were inflamed by 
the passage of the riot act. The power of government had 
ceased to be feared, and the tyrannical and bloody features 
of that act, instead of constraining obedience and restoring 
quiet, only served to arouse their indignation and excite 
their ire. Rednap Howell, a maker of popular ballads, 
had moved much among the people, and his rhymes 
doubtless contributed largely to give them good heart and 
prepare them for action. There were at least some forty 
of these popular pieces, although only a few have been 
preserved. They were indeed well calculated to stir the dis- 
affected and warm them up to patriotic ardor. On the re- c;. r.,viii, 
turn of the Regulators from their intended expedition to 5^1 "35 
release Husband, their purpose was announced to attend the 
Salisbury court, then about to be held, and on March 6th 
some five hinidred of them encamped in the woods on the 
banks of the Yadkin River, v.diere were the Hamiltons, 
Hunter, James Graham, Teague, Gillespie and other leaders 
in command. Having arrested Waightstill Avery, a young 
lawyer of that region, they carried him to their camp, and 
declared their purpose of flogging Judge Moore, and of 
killing all the clerks and lawyers. But such vaporings were 
probably only vain boastings. On the same day Colonel 
Alexander Martin and John Frohock, wdio had been officers 
of Rowan, and who with others were charged with having 
taken illegal fees, went to their camp and desired to know 
their designs and purposes. To them they answered that 
they had no intention to disturb tlie court or to injure any 
person ; and that they were armed only to defend themselves 
if assaulted. On being informed that their Inte behavior to 



3^4 



TRYON'S ADMINISTRATION, 1765-71 



1771 

Adjustment 
agreed on 



the judges had been such that no court would be held, they 
seemed greatly concerned. A plan was then proposed for 
accommodating matters between the people and the officers 
of Rowan against whom they complained. The matters in 
dispute were to be left to arbitrators, the Regulators ap- 
pointing Husband, Graham, Hunter and Thomas Person to 
act for them ; jMartin and Frohock chose Matthew Locke, 
John Kerr, Samuel Young and James Smith on their part. 
The meeting of the arbitrators was fixed for the third Tues- 
day in May, and the settlement was to extend not only to 
the officers of Rowan County but to all those who would vol- 
untarily join in the arbitration. The Regulators, evidently 
pleased at this proposed adjustment, gave three cheers and 
returned to their homes. Well had it been had this path to 
peace been pursued, and by this settlement out of court the 
tranquillity of the province been restored. But circumstances 
were no longer favorable to such negotiations. 



Alamance 

March, 1771 On Marcli nth another special court convened at New 
c R.,vni, Bern attended by the chief justice and judges ]\Ioore and 

528-531 -' . ■' ^ ^^ 

Indictments Hcndersou. The grand jury on the 15th presented the in- 
surgents as being enemies to government, and to the liberty, 
happiness and tranquillity of the inhabitants of the province. 
True bills were found against Husband, Hunter, Butler, the 
Hamiltons, James Few, Rednap Howell and many other 
leaders of the Regulators, there being thirty-one persons in- 
dicted, and the witnesses were recognized to attend on Alay 
nth, when the cases were to be tried. On March i8th, two 
days after the court adjourned, the governor came into pos- 
session of a letter written by Rednap Howell a month earlier, 
from which it appeared that he had been sent to Halifax to 
"raise the country," and that he had "animated the people to 
join the Regulation," and he declared "if it once takes a start 
here it will run into the neighboring counties of Edgecombe, 
Bute and Northampton." At the same time the governor 
received a letter from the judges expressing their opinion 
that they could not attend the superior court at Hillsboro 
on March 22d with any hope of transacting the business of 
tiie court, or indeed with any prospect of personal safety to 



c. R.,VIII, 

53^^539 



TRY ON RAISES TROOPS 365 

themselves. The governor submitted these matters to the ^^ 

council, and it was agreed with their advice to raise a suf- 
ficient force to maintain order and reduce the insurgents to 
obedience to the laws. The courts were to be held and the 
administration of justice was not to cease. 

Fearing the extension of the Regulation movement among xhe 
the inhabitants of the eastern section, an association paper f°^""°'' 
was printed and circulated through the counties for signa- c. R.,vni, 
ture, in which those who signed it bound themselves to stand ^*°'^^'^ 
with the government against the Regulators until the tran- 
quillity of the province should be restored ; and the governor 
at once issued orders for the militia to assemble, and called 
for volunteers and drafts to form a force that would sup- 
press the insurgents. From each county a number was c. r.,viii, 
required, aggregating in all 2250 men. The governor =48 
hastened to Wilmington and appointed General Waddell 
general of the forces to be raised, with directions to march 
through the western counties by way of Salisbury to Orange, 
while he himself with the eastern militia would march direct 
to Hillsboro. The governor's authority for this movement waddeii in 
was founded on a clause of the riot act ; and he was upheld command 
by all of the gentlemen of the east. 

Many of them at once volunteered to accompany him on 
his intended expedition and none held back. Caswell was a 
colonel, Ashe a general, Harnett was particularly active, 
while John Harvey was detained by his continued illness. 
His son, a member of the Assembly, was, like him, esteemed 
by the governor. On March 19th, the day Governor Tryon 
issued his orders to the colonels to collect their men, he en- 
closed a copy to Harvey, saying : "H you . . . can pro- c. r., viii. 
cure from the counties of Pasquotank and Perquimans, with ^^ 
the assistance of Colonel Taylor, a company of fifty men, 
. . . and contrive so as they might be at Hillsboro 
the sixth day of ]\Iay, I should be glad to take them under 
my command. I take this opportunity to thank you for 
)-our kind present to me last winter. ... I wish your 
son could command the company." But the Albemarle sec- 
tion was so remote from the scene of disturbance and had so 
little intercourse with that part of the State that the people 
took but little interest in the Regulation, and in a general 



366 TRYON'S ADMINISTRATION, 1765-71 

UJ^ way many of the inlial)itants sympathized with the Regula- 

tors in their distresses. Joseph Montfort, the northern 
treasurer, had no money of the contingent fund in hand, 
which under the riot act alone could be used to pay bounties 
and the expenses of the troops, and so he did not honor the 

r. R.viir, drafts made by Governor Trvon for bounties, and but few 
650 -^ ^ . . . 

volunteers from the Albemarle section participated in the 

expedition. 

c. R , viii, The southern treasurer, John Ashe, on the other hand, not 
only paid out what public moneys he had, but issued notes 
to the amount of six thousand pounds to meet the expenses 
of the expedition ; and so the same difficulty did not arise in 
embodying and moving troops from the lower counties. 

Frohock and Martin having communicated to the gover- 
nor their agreement for settlement with the insurgents, the 
arrangement was denounced by him as "unconstitutional, dis- 
honorable to government, and introductive of a practice most 

c. R.,viii, dangerous to the peace and happiness of society." Yet he 
asserted his abhorrence of the conduct of any man who w^as 
guilty of extortion, and declared it to be their duty to give 
satisfaction and make restitution if they had abused their 
trust. 

TO^r°s tiie Earlier the governor might have rejoiced at this proposed 

struggle settlement of differences, but to his mind the situation no 
longer admitted such an adjustment. The leaders of the 
Regulators had gone too far. The power of the insurgents 
to overturn government was too apparent. The day for 
temporizing had passed. The authority of the law was now 
to be asserted. While the responses of the eastern militia 
were far from general, yet a considerable force collected at 
the call of the governor. Perhaps his greatest disappoint- 
ment was the action of the Bute militia, some eight hundred 
of whom assembled, but when invited to volunteer they de- 
clined to a man, saying that they favored the Regulators. 
Almost equal was the attitude of the Wake militia, although 
after some delay, with considerable efforts. Colonel Hinton 
secured by draft fifty recruits from that county. Indeed 
throughout the territory west of Smithfield the great bulk of 
the inhabitants sympathized with tlie disaffected element. A 
considerable proportion of those farther west had but recently 



MOVEMENTS OF W ADD ELL 367 

come into the province, were unacquainted with the laws 'J^' 

and the svstem of g-overnment, had no association with the 
eastern people, and knew hut little of the leading men who 
had habitually controlled public affairs. In a word, many 
of them had so recently become inhabitants and were so un- 
settled in their new homes, and were so cut ofif and secluded 
in the frontier settlements that they were virtually strangers 
within the commonwealth. 

General Waddell in his progress to the west was joined by ^^-^"^^J^"- 
a detachment of the Anson militia and parts of the regiments 
of Mecklenburg and Tryon under their respective colonels, General 
and some companies from Rowan. Colonel Frohock, who 
should have commanded the Rowan militia, was rather sar- 
castically excused from attending by Governor Tryon be- 
cause of his negotiations with the Regulators. Accompany- 
ing Waddell's force also was a detachment of artillery under 
Colonel Robert Schaw of Cumberland. On May 5th General ^jg^-'^'"^' 
Waddell with nearly three hundred men crossed the Yadkin 
near Salisbury, and went into camp on Pott's Creek. There, 
finding himself confronted by a considerable number of in- 
surgents, he halted and threw up entrenchments. On May 
loth, at a council of war, under the advice of Colonel Ruth- 
erford and his other officers, it was resolved that it was too 
hazardous to engage the enemy, who were reported by Cap- 
tain Alexander of Mecklenburg, to extend a quarter of a 
mile, seven or eight deep, with a large body of horsemen, 
extending one hundred and twenty yards, twelve or fourteen 
deep. Nor was this formidable force the only peril that 
threatened General Waddell, for it was apprehended that 
many of his own troops would not fight the Regulators, but 
rather, in case of a conflict, would join them. Under these c. r.,viii, 
adverse circumstances General Waddell prudently retreated 
across the Yadkin and took post near Salisbury, where he 
strongly fortified himself and remained until May 28th. In 
the meantime he had suffered a severe loss in the destruction 
of a supply of powder and other munitions of war that were 
being transported from Charleston for the use of the army. 
A small band of Regulators under the direction of Major c.r.,viii, 
James White and his brothers, William and John White, hav- -ii,e Black 
Ing blackened their faces, from which they became known as ^"^'^ 



368 TRYON'S ADMINISTRATION, 1765-71 

^ the "Black Boys," came up with the wagons midway be- 

tween Charlotte and Sahsbury (near the site of the present 
town of Concord), and, having taken possession of them, 
destroyed the blankets and fired the ammunition, making a 
tremendous explosion of the powder. Such animosity to- 
ward government was now the general feeling that per- 
vaded all that region, and General Waddell found himself 
hemmed in by forces too powerful to contend with. 

c. R.,viii, Governor Tryon was more fortunate. Leaving New 
Bern on April 23d, accompanied by the militia of Carteret, 
Craven and adjoining counties, and two swivel guns mounted 
on carriages, he moved toward Smithfield, where he was 
joined by detachments from New Hanover, Dobbs and John- 
ston. On May 4th he marched to Hunter's Lodge in Wake, 
where he remained four days aw^aiting other detachments 
and organizing his forces. 

On the 9th he encamped on the Enoe. Accompanying him 
were volunteer detachments of horse from Bute and other 
counties, and many of the leading gentlemen of the east, 
among them Robert Howe, Alexander Lillington, John Ashe, 

^"^P°"^''^ James Moore, Richard. Caswell, Abner Nash, Willie Jones, 
John Harvey, Jr., and others distinguished in the military 
and civil annals of North Carolina ; while in like manner 
with General Waddell were Moses Alexander, Thomas Polk, 
Samuel Spencer, Griffith Rutherford, William Lindsay, 
Adlai Osborn and many in later times honored for their 
devoted patriotism. 

In the meantime, while the forces of the government were 
being thus collected, the disafifected inhabitants at the west 
were all astir. The leaders gave information of the points 
where they were to assemble. Every highway and byway 
was filled with men hurrying to the front. Great crowds 
passed rapidly from the extreme west through the quiet set- 
tlement of Wachovia, and the men of Anson met those of 
Surry and from the foothills of the mountains at the ren- 

Feeiing dczvous bctwcen the Haw and the Deep. So often had these 

Regulators men assembled, so often had they met and boldly made 
declaration of their purpose to right their wrongs, defying 
the power of government, that now with enthusiasm they re- 
sponded to the call of their leaders, and hastened to assert 



FEELING OF THE REGULATORS 369 

their manhood. They were manly men, animated by a pur- ^^ 

pose to fearlessly resist oppression, and were not to be over- 
awed by a show of power. Probably no one thought of sub- 
verting government ; no one thought of wresting the prov- 
ince from the dominion of the British Empire ; they only 
thought that they would stand up openly and with their own 
strong hand prevent the operation of laws passed by the 
Assembly, which, under the circumstance of their situation 
and lives, they deemed unjust and found oppressive. With 
little currency among them, lawful taxes bore hard and il- 
legal taxes they would not pay ; and, smarting under the 
exactions of greedy officials, which even the governor, the 
courts and the Assembly had found to be illegal, they were 
imbued with the determination to protect themselves from 
the power of a government whose authority sat lightly on 
them. Unawed by the reported march of the militia, they 
themselves would assemble and once more assert their own 
mastery. Many came unarmed, and but few probably re- 
alized that there was really impending a conflict involving 
life and death. They gathered in force between the Haw and 
the Deep, and learning of the governor's approach, went 
forth to meet him. Tryon, hearing of their advance, on c. r., viii, 
May iTth marched from Hillsboro, crossed the Haw, and ^^ 
on the night of the 13th encamped on the Great Alamance. 
There he prepared for battle. On the 13th the governor 
had received an express from General Waddell informing 
him that he was surrounded by about two thousand Regula- 
tors and had been forced to retire ; and he also learned that 
their rendezvous was to be at Hunter's plantation on Sandy 
Creek with the view of obstructing the junction of the two 
government detachments, and later came the disquieting in- 
telligence that they were preparing to attack his camp. In- ^•^^•'^^''' 
stead, however, of an attack, about six o'clock in the evening 
the governor received, at the hands of James Hunter and 
Benjamin Merrdl, a communication from them desiring to 
know if he would hear their petition for a redress of their 
grievances. He laid this letter before a council of war, 
and informed the Regulators that he would return an 
answer by twelve o'clock the next day. That night s. r., xix. 
Captain John Walker and Lieutenant John Baptista Ashe, 



3/0 TRYON'S ADMINISTRATION, 1763-yi 

^ who had been sent out to reconnoitre, were captured by the 

insurgents, tied to trees, severely whipped, and detained as 
prisoners. When the governor's messenger was conveying 
his answer to the camp of the Regulators they gave him 
such insults that he returned without delivering it. Early on 
the morning of the i6th, the two forces being about five miles 
apart, the governor moved forward, and about ten o'clock 
came within a half mile of the Regulator encampment, and 
there formed a line of battle. He then sent forward Captain 
Malcolm, one of his aides, and the sheriff of Orange with his 
letter, requiring them to lay down their arms, surrender up 
their outlawed leaders, and submit to the laws of the prov- 

c. R.,viii, ince. These terms were rejected with disdain, and gradually 
the two lines approached until the government forces occu- 
pied the ground which the van of the Regulators had first 
occupied, but from which it had fallen back to their main 
body. Some communications now passed for the exchange 
of Walker and Ashe for seven of the Regulators who had 
been captured by the militia, and the proposition was agreed 
to. The insurgents delayed and sent word that they would 
comply within an hour. The governor, suspecting that the 
delay was intended to enable the enemy to outflank him, de- 
termined to wait no longer. 



(-42 



't.^ 



The battle begins, May 16, 1771 

Mayi6, 1771 The govcmor sent word by his aide. Captain Philemon 
Hawkins, that he would immediately give the signal for ac- 
tion, and cautioned the Regulators to take care of them- 
selves ; that if they did not directly lay down their arms 

they would be fired on. "Fire and be d d !" was the an- 

Mariin, swcr. The governor thereupon gave the order, which, not 

CmoHi^""'^ being immediately obeyed, rising in his stirrups and turning 

11,282 iQ his men, he called out: "Fire! fire on them or on me!" 

Accordingly, the artillery began the fire, which was followed 

by a discharge from the whole first line, and the action 

almost instantly became general. 

c. i^-.vin, Of the militia there were about iioo. The number of the 

647, 648 

Regulators has been variously estimated at between 2000 and 
4000 ; but a considerable portion of them were unarmed, 
and probably but few expected to engage in a battle. They 



THE BATTLE OF ALAMANCE 371 

were not marshalled in organized companies ; had no trained ^' 

captains to command ; and were a concourse of resolute citi- ^ ]^' xix, 

. 040 

zens rather than an army in battle array. Their chief com- 
mander was James Hunter. 

At the first fire many left the field, among them being 
Hermon Husband. After the conflict had lasted half an hour 
the Regulators occupied a piece of woods and fought from 
behind the trees, as in Indian warfare. To dislodge them 
Tryon advanced his first line and drove them from cover, 
pursuing them half a mile beyond their camp. In one ac- j-'^^V''°°'^* 
count of the battle preserved in the Moravian records, it is 
said that "many had taken refuge in the woods, whereupon 
the governor ordered the woods to be set afire, and in con- 
sequence some of the wounded were 'roasted alive.' " It is 
to be observed, however, that in the middle of May a woods 
fire progresses but slowly, even if it burns at all. 

In the earlier stages of the battle, Robert Thompson, a 
Regulator, who had been taken prisoner, defying the power 
of his captors, undertook to make his escape, and it is said 
that Governor Tryon shot him down with his own hand. 
Thompson had been a strenuous agitator, and doubtless ^^^■' ^'"^' 
was a bold, determined man. For slaving him Governor Thompson 

' •=• • slam 

Tryon was criticised. If no other means to prevent escape 
was at the moment available, any soldier would have 
been justified in taking a prisoner's life, otherwise not. 
While in the heat of battle one's actions are not to be too 
nicely weighed, life is never to be taken unnecessarily. 

The loss of the militia was reported as nine killed and ihe losses 
sixty-one wounded. A detachment from Beaufort County 
under Captain John Patten, being a part of the regiment c. r., viii, 
commanded by Colonel William Thompson, of Carteret, suf- 
fered the greatest proportionate loss, fifteen killed and 
wounded out of thirty. Those of the insurgents who par- 
ticipated in the action stood up manfully. They were not 
dismayed by the artillery, and indeed held their ground at 
such short range that they silenced the artillery, requiring 
particular efforts to dislodge them by advancing riflemen for 
that purpose. Their loss was, according to one account, nine 
killed and thirty missing, and according to another upwards 
of twenty were killed. Their conduct under fire was as Fo.'^'^''^' 



3/2 



TRYON'S ADMINISTRATION, 1763-/1 



1771 



Few hanged 
May 17th 



Carulhers, 
Life of 
Caldwell, 
158 

Haywood, 
Life of 
Try on, 133 



Clewell, 
Hist, of 
Wachovia 



C. R. 

532 



VIII, 



C. R.,VIII, 
651 



spirited as it was bold, and for two hours they protracted 
the unequal conflict with the trained militia despite the 
severe losses they suffered. The insurgents being driven 
from the field, the militia advanced some little distance, 
but finding the enemy dispersed, withdrew to their orig- 
inal encampment. Thus closed that fateful and unhappy 
day. The wounded on both sides were humanely cared 
for, and the next evening the dead were interred, and 
there were prayers and thanksgivings for the victory. 
The ceremonies of the day were concluded by the hang- 
ing of James Few, a prisoner — a proceeding that has 
attached well-merited odium to the name of Governor Tryon. 
Of Few it has been said "That he was of a fanatical turn of 
mind, and believed himself raised up by the hand of God 
to liberate his country." "That he was sent by Heaven to 
relieve the world from oppression, and that he was to begin 
in North Carolina." An account of his execution given 
in the Community Diary of the Moravians a week later says : 
"A certain young man, a fine young fellow, had been cap- 
tured, and when given the alternative of taking the oath or 
being hanged he chose the latter. The governor wished to 
spare his life, and twice urged him to submit. But the young 
man refused. The messenger described how, with the rope 
around his neck, he was urged to yield but refused, and the 
governor turned aside with tears in his eyes as the young 
man was swung into eternity." 

Few had been indicted for felony at the special court held 
at New Bern on March ii, 1771. He was one of those 
who refused to surrender themselves within the time limited 
by the riot act. Under that act he was deemed guilty of the 
oft'ence charged as if he had been convicted thereof by due 
course of law, and it was made lawful for any one to take his 
life, bi!t this outlawry was dependent on the required publica- 
tions of the proclamation, a fact not ascertained as to Few. 
But of this Governor Tryon seems not to have been advised. 
He regarded Few, Hunter, Husband as outlaws. Still, the 
contingency had not then arisen when Few could have been 
lawfully slain as an outlaw, nor was Governor Tryon justi- 
fied in dealing so summarily with a prisoner. He sought 
to extenuate his needless act by saying: "This gave great 



845 



TRY ON SUBJUGATES THE INSURGENTS 373 

satisfaction to the men, and at this time it was a necessary ^ 

sacrifice to appease the murmurings of the troops, who were J''J,°"'^ 
importunate that pubHc justice should be immediately exe- 
cuted against some of the outlaws that were taken in the ac- s. r., xix, 
tion, and in opposing of whom they had braved so many dan- 
gers and suffered such loss of lives and blood, and without 
which satisfaction some refused to march forward while 
others declared they would give no quarter for the future." 
Such might well have been the feelings of some of the 
eastern militia, but it was not the part of a command- 
ing officer to be swerved from his own sense of duty by the 
intemperate passion of his soldiers. He was there to assert 
the majesty of the law and to maintain the authority of 
established government — not to blazon the power of success- 
ful arms by a needless act of butchery. 

Subsequent movements 

The next day the wounded were sent to the plantation of 
Michael Holt with a surgeon and medicines, and the main 
army proceeded to Lewis's mill, three miles beyond the field 
of battle, where a detachment under Colonel Ashe that had 
been advanced was surrounded by about three hundred of 
the Regulators. Immediately after the battle a proclamation 
had been issued granting pardon to all who should come 
into camp, surrender up their arms, take an oath of alle- c. r.,viii, 
giance to the king and an oath of obligation to pay their 
taxes, and to support and defend the laws of the land.* Ex- 
ceptions, however, were made of the outlaws and prisoners 
taken and some fourteen others. Many now accepted these 
terms and submitted. The army the next day marched to 
James Hunter's and destroyed his dwelling and outhouse, 
and then took possession of Hermon Husband's plantation, 
finding there "a large parcel of treasonable papers ;" and, 
the inhabitants continuing to come in, submitting themselves 
to government, the proclamation of pardon was renewed and 
the time extended ; but the exceptions now embraced the 

^Governor Martin spoke of this '"oath as one of allegiance, etc., 
etc." Atticus described it as "your new coined oath to be obedient 
to the laws of the province, and to pay the public taxes." To that 
description the governor himself added, "to support and defend the 
laws of the land," as in the text. 



64 g 



Pardons and 
exceptions 



651 



374 TRVON'S ADMINISTRATION, 1765-71 

1^^ "Black Boys" and some others at first omitted, among 

them being Thomas Person. The outlaws named were Hus- 
band, Hunter, Howell and Butler, and on their heads a price 
was set. Heavy rains, which had begun on j\Iay 20th and 
continued until the 28th, added much to the discomfort of 
the men, many of whom were seized with pleurisies. 

The army remained a week in Sandy Creek, then passed 
to Deep River, and on June ist was in the Jersey settlement. 
On June 4th, on Reedy Creek, General Waddell's forces 
joined the main army, and they marched to Wachovia, where 
they remained several days, and at Salem on June 6th they 
celebrated the king's birthday and the victory of the i6th. 

c. R., VIII, During this march the houses and plantations of those wdio 
were outlawed were laid waste and destroyed, and their 
owners fled from the province. 

The insurgents having been quieted on the Deep and the 
Haw, and information being received that they w^ere rising 
to the south and west. General Waddell was detached on 
June 8th with some five hundred men and artillery to move 
into that section and suppress them ; and on the same day 
Governor Tryon began his return movement. 

The army reached Hillsboro on the 14th, where the cattle 
and horses were turned on the plantation of William Few, 
the father of James Few, who was said to have been "very 
active in promoting the disturbance of the country." Hav- 

^52 ing taken some prisoners on May 13th, Governor Tryon 

ordered that a special term of court under the riot act should 

c^R.,viii, |3g opened at Hillsboro on the 30th of that month, but the 
governor had kept the prisoners along with the army with 
the view of parading them before the country, and the court 
had been kept open awaiting their arrival for trial. 

The trials 

The trials began on June 14th and lasted until the i8th, 
when twelve prisoners were sentenced to death on the charge 
of high treason. Six of these were immediately executed. 
The record of the court has not been preserved. Four of 
those executed were Benjamin Merrill, Robert Matear, Cap- 
The tain Messer and James Pugh. The names of two are un- 

victims known. Six were reprieved : Forrester Mercer, James Stew- 



s. R , xix, 



PACIFICATION AND ITS RESULTS 375 

art, James Emerson, Herman Cox, William Brown and ^ 

James Copeland, and later they were pardoned by the king. 

The melancholy spectacle of the execution was accompanied 

by a military parade,* and its terrors were augmented by the 

impressiveness of the scene. The governor attended with 

the entire army, and caused all of the prisoners to be brought 

out to witness it. 

The people, utterly subdued, their leaders fled or taken, JXl^n°^^^ 
had continued to come in and ask for pardon, so that by 
June 19th more than three thousand had submitted to the 
government and taken the oath to pay their taxes and obey 
the laws which Governor Tryon had exacted of them. 
When, later, General Waddell had made his report, giving c r.,ix,78 
the result of his excursion into the southwestern part of the 
province, the entire number who had taken the oath aggre- 
gated 6409, and about 800 guns had been turned into the 
government by the malcontents. Apparently then the west- 
ern counties were disarmed and thoroughly subjugated. 
But the people were not pacified, and many moved from the 
province, some passing the mountains and finding homes in 
the forests of the Holstein settlement. 

Governor Tryon, having on June 13th received informa- Tryon 
tion that he had been appointed governor of New York, and from the 

1 • . . . . , , . . , province 

havmg mstructions to repair without loss of time to that c. r.,viii. 
province, communicated to the army that he would march ^" 
to the southward immediately after the executions, and that 
he would leave the army under the command of Colonel 
Ashe, he himself hastening to New Bern. On June 30th 
he embarked for New York, where he arrived on July 7th 
and assumed the administration. He carried with him the J""^- VJ' 
esteem and good-will of the leading men of the eastern part 9. "42 
of the province, who commended his bravery and courage, 
and approved his administration in the difficult circum- 
stances that attended it. 

*A gruesome memorial of this event is preserved in State Records. 
XXII, 465: 

"The Public to Thomas Donaldson, Dr. — 19th June, 1771. To 
hanging six men at Hillsboro Court of Oyer, etc., five pounds each — 
thirty pounds. P'r Thomas Donaldson." 



3/6 TRVON'S ADMINISTRATION, 1763-yi 



^ As the disturbances incident to the Regulation movement 

were a marked feature of affairs during that period, so the 
efforts of the government to suppress them were also un- 
usual and remarkable. The riot act, passed by the Assembly, 
of which Caswell was speaker, and Harnett, Johnston, Hewes, 
Howe, the Moores and many others who led in the revolu- 
tionary movement three years later, were members, and 
which received the approval of the governor, was such a 
stringent measure as to challenge criticism. That clause of 
it which required indicted persons, after proclamation, to 
surrender themselves within sixty days and stand trial on 
pain of being deemed guilty and of being held outlaws sub- 
Theriot ject to bciug killed by any one, was considered by the 
England Crowu officcrs as "irreconcilable to the principles of the con- 
C.R., IX, stitution," "full of danger in its operation" and "unfit for any 
s. R., XI, part of the British Empire;" although they mentioned that 
"^° "the circumstances of the province may excuse inserting 

such clause in this act." It was certainly a fierce and bloody 
expedient, resorted to because the persons accused could 
not be arrested. Other than that, the act received the ap- 
proval of the Crown, and inasmuch as its operation was 
limited to a single year, it was allowed to stand until its 
expiration. James Few was the only person who suffered 
death under it, as an outlaw, if indeed the governor justified 
even his execution by that sanction. 

The army, after Tryon's departure from Hillsboro, pro- 
ceeded to Colonel Bryan's in Johnston County and there the 
detachments separated, marching to their respective counties, 
where they were disbanded. The cost of the expedition, 
about £60,000, had in part been met by notes issued 
by Treasurer Ashe, which he announced would be received 
by him in payment of taxes. These notes circulated as cur- 
rency, and in some measure gave relief to the people in the 
scarcity of a circulating medium. 




\\ Foiifch'ii'ns. 



l( 




Shows Chronolouiual Dates of 
Expansion of Settlements 



English Settlements 
German Settlements 
-34— ^^^^ Highland - Scotch Settlements 
Scotch- Irish Settlements 
Irish and Welsh and Swiss Settlements 
Scotch- Irish, (lerman , English Settlements 



83- 



French Huguenot Settlements 

82° 



81° 



30° 



Map of North Carolina : Showinc 
Location of Rac 



19= 



78- 



N 



77" 
I 

I A 

1715 1705 1685 



37- 




-3e 



685 



-35" 



-34- 



77° 



WILLIAMS ENSRAVmG CO., N.Y. 



Evolution of Settlements and 
5 down to 1776 



CHAPTER XXIII 

Social Life at the Opening of the Revolution 

In the homes of the people. — Social conditions. — The state church. 
— The Protestant dissenters. — The Baptist churches. — Pioneers of 
Methodism. — Education and schools. — Taxation. — The lawyers. — 
The Quakers and the militia. — Servants and slaves. 

In the homes of the people 

McRee,-in his "Life of Iredell," has given an admirable 1771 

portrayal of two communities in the province about the time mcRcc's 
of Martin's administration. Of the region of which Eden- l[l^f^' '' 
ton was the centre, he says : 

It was of such remarkable fertility that it might well have been 
styled the granary of the province ; it was also the place of concen- 
tration and market-town for the opulent planters of a large district 
of country. . . . The climate was humid and unhealthy, but soft 
and luxurious. Game and fish were abundant, and cattle and sheep 
and swine throve and multiplied upon the spontaneous fruits of the 
earth. If there was little of the parade and pomp of older com- 
munities, if many of the appliances of luxury were wanting, ease 
and abundance were the reward of but a slight degree of frugality 
and industry. No palatial dwellings existed — tapestry and plate were 
wanting ; but the homes of the planters were comfortable and ample 
for all the purposes of hospitality, while their tables groaned beneath 
dainties beyond the reach of wealth on the other side of the Atlantic. 
He who supposes them an untutored people is grossly deceived. The 
letters that will appear in the course of the narrative will demon- 
strate that they were equal in cultivation, ability, and patriotism to 
any of their contemporaries. The men were bold, frank, generous, 
and intelligent; the females, tender and kind and polite. The 
strength of the former was developed by manly labors. The taste of 
the latter was improved and their imaginations exalted by the varied 
forms of beauty that surrounded them. ... In 1769 the town of 
Edenton was the court end of the province. Within its limits and 
in its immediate vicinity there was, in proportion to its population, a 



37S SOCIAL LIFE AT THE REVOLUTION 



conditions 



^71 greater number of men eminent for ability, virtue, and erudition than 

Social in any other part of America. Colonel Ri L ^imd Buncombe was a 

native of St. Kitts. He was educated in England and possessed a 
large fortune. Of "Lawyer Pearson, an English gentleman." little 
is known save that he married the mother of Sir Nathaniel Dukin- 
field, and thus became master of large estates. Colonel John Dawson 
(a lawyer who married the daughter of Governor Gabriel Johnston) 
resided at Eden House, noted for its splendid hospitality and the 
refined society generally assembled there. Dr. Cathcart was a gentle- 
man of extraordinarily fine sense and great reading. His two daugh- 
ters "were possessed of the three greatest motives to be courted : 
beauty, wit and prudence, and money ; great fortunes, and toasted in 
most parts of the province." 

And so ]\IcRee continties with brief accounts of Joseph 
Hewes, Thomas Barker, Thomas Jones, Jasper Carlton, 
Stephen Cabarrus, Robert Smith, Charles Johnson, W'ilham 
Cumming, Sir Nathaniel Dukinfield, the Harveys and the 
Johnstons, who "possessed talents and attainments that, 
when combined, not only enabled them to determine the 
politics of their district, but gave them a potent influence in 
the province." 

Of the lower Cape Fear he Hkewise says: 

I\Ir. Hooper was a native of Boston and a graduate of Cambridge, 
Mass. After studying law with James Otis, he became a citizen 
of Wilmington. That town and its vicinity was noted for its un- 
McRee's^ bounded hospitality and the elegance of its society. IMen of rare 
talents, fortune, and attainment united to render it the home of 
politeness and ease and enjoyment. Though the footprint of the 
Indian had as yet scarcely been eftaced, the higher civilization of the 
Old World had been transplanted there and had taken vigorous root. 
There were Colonel John Ashe, the great popular leader, whose ad- 
dress was consummate, and whose quickness of apprehension seemed 
intuition, the very Rupert of debate ; Samuel Ashe, of stalwart 
frame, endowed with practical good sense and a profound knowledge 
of human nature; Harnett, "who could boast a genius for music and 
taste for letters," the representative man of the Cape Fear ; Dr. 
John Eustace, "who united wit, and genius, and learning, and 
science" ; Colonel Thomas Lloyd, "gifted with talents and adorned 
with classical literature"; Howe, "Whose imagination fascinated, 
whose repartee overpowered, and whose conversation was enlivened 
by strains of exquisite raillery" ; Dr. John Fergus, of stately pres- 
ence, with velvet coat, cocked hat. and gold-headed cane, a graduate 



Iredell, I 
194, 195 



LEADING FAMILIES 379 

of Edinburgh and an excellent Latin and Greek scholar; William '771 

Pennington, afterward master of the ceremonies at Bath, "an ele- 
gant writer, admired for his wit and his highly polished urbanity"; 
Judge Maurice Moore, of versatile talents, and possessed of extensive 
information; as a wit, always prompt in reply; as an orator, always 
daring the mercy of chance; Maclaine, irascible but intellectual, who conditions 
trod the paths of honor nearly pari passu with Iredell and Hooper 
and Johnston, and "whose criticisms on Shakespeare would, if they 
were published, give him fame and rank in the republic of letters." 

And he continues to portray the social characteristics of 
the Hills, Lillingtons, DeRossets, Moores, and others who 
then adorned the Cape Fear region. 

New Bern, as well, was a centre where refinement and 
elegance abounded. It was the residence of the governor; 
an emporium of trade, with wealthy merchants, enterprising 
citizens and cultivated society. Originally settled by the 
Huguenots, Palatines, and Swiss, by industrious Germans as 
well as by Welsh and Englishmen, the region of which it 
was the social metropolis was inhabited by a population 
notable for their thrift, politeness and fine characteristics. 
There the first academv had been established and main- weeks, 

' rress of 

tained ; there the first printing press was erected, and there ^"'^1'. . 
the first newspaper, the Nortli Carolina Gazette, was pub- Eigiiieenth 
lished — in December, 1755 — followed, at length, by another is^'agl'ss 
at Wilmington, in September, 1764. 

Among the earliest publications of Davis's press, other 
than provincial laws, was a sermon preached before the 
General Assembly by Rev. James Rcid, in 1762, "Recom- 
mending the Establishing Public Schools for the Education 
of Youth," printed by the Assembly, that "the same might 
be dispersed in the several counties within this province." 

Halifax had also become a nucleus of elegant society, with 
rich planters and cultured citizens ; while at Hillsboro, where 
the governors spent their summers, the simplicity of back- 
woods life was giving place to the refining influences of 
advanced social conditions. In all the counties were men 
like Willie and Allen Jones, the Kenans, Dicksons, Battles, 
Holmes, Hawkins, Haywoods, Harts, Alstons, Rowans, 
Lloyds, Osborns, Polks — too numerous to specify, men of 
education and culture, many of whom were native and "to the 



38o SOCIAL LIFE AT THE REVOLUTION 

^ manor born," while others, Hke Caswell, Hooper, Hewes, 

Avery, the Sumners, Martins and McDowells, had but re- 
cently come from other communities, well educated, ener- 
getic, enterprising, vigorous in mind and in body. 

At the west Aloug the Virginia border the people were chiefly of 
colonial descent ; but on the upper waters of the Cape Fear 
were congregated thousands of Highlanders, many of whom 
were well educated. At Wachovia the Moravians had been 
prosperous, had erected mills and had grown in importance ; 

c.R.,viii, wliile the Scotch-Irish, who occupied the fertile regions 

630 

watered by the Catawba and tributaries of the Yadkin, were 
interspersed with Germans, of whom there were some three 
thousand families, likewise accompanied by their pastors, 
men of learning, who taught the young while ministering to 
their congregations. 
Immigrants y^nd in their new homes the Scotch, Scotch-Irish and the 
Germans preserved their former manners and customs and 
their racial characteristics, and these have in some measure 
been perpetuated so that after the lapse of a century and a 
half their respective settlements can still be distinguished. 
Similarly a settlement of Quakers, coming from Nantucket, 
who located at New Garden, has preserved its peculiar char- 
acteristics, while the Jersey settlement on the Yadkin near 
Salisbury, so called because made by emigrants from New 
Jersey, has retained its original appellation. 

The marts FaciHtics of commuuication were scant. This was a par- 

ol trade '• 

ticular hardship with the settlers at the far west who, com- 
ing from the north, located at a considerable distance be- 
yond the frontier settlements extending from the coast. 
There was a wide breadth of forest intervening between the 
inhabitants of .Sandy Creek, Wachovia, Salisbury and the 
Catawba, and the marts of trade on the lower Cape Fear. 
Easier roads led to the towns of Virginia and of South Caro- 
lina, and those became the markets of the western counties. 
There was no specie in the province, while the amount of 
paper currency became entirely insufficient as the population 
was rapidly augmented. 

At the east both saw-mills and grist-mills had long been 
established ; at the west the new settlers quickly began to 



PROGRESS AND INDUSTRY 381 

erect them on the streams where they located ; and these HJZ 

became important points in their social and business life. 

Felling- the forests, clearing- the fields, building houses, 
opening roads, constructing mills — in a word, making their 
homes habitable in those secluded regions — called forth the 
best exertions of those new settlers ; and fortunate was it for 
them that their winters were mild, the summers temperate, 
while their fields yielded rich harvests, and the bright sun- 
shine brought buoyant hope, health and happiness. Many of 
the families, observed Governor Dobbs, have ten children 
in them, and experience has long since proved that the 
natural increment of population in that favored region is no- 
where exceeded in the world.* 

The state church 

It was contemplated in the original grant to the Lords Pro- 
prietors that there might be a state church and presumably 
that it would be conformable to the usage in England. The 
first efifort in that direction was made in 1701, when each 
precinct was declared to be a parish, for which a vestry was 
appointed, and the vestry was empowered to employ min- 
isters and to lay a tax of not more than five shillings on the 
poll for parish purposes, which included looking after the 
poor as well as providing a place of worship. Ten years 
later, when Governor Hyde met his first assembly, an act of 
Parliament having been passed declaring the province a c. r., i, 

*In 1810 the editor of the Raleigh Star received many communi- 
cations from intelligent men residing in every part of the State, 
throwing light on the commencement and progress of settlements in 
North Carolina. This mass of manuscripts was subsequently deposited 
in the library at Chapel Hill, but now cannot be found. Mr. Caruth- 
ers. who examined it, said: "From it we learn that Edgecomb began 
to be settled in 1726 by people from Virginia, who came there for 
the sake of living at their ease, as the climate was mild, the range 
good, and game in abundance; Wayne in 1735, but made little prog- 
ress until 1750; Caswell in 1750, but had not more than ten families 
until 1755, when the Leas, Graves, Kimbros, Pattersons and others 
came from Orange and Culpepper counties in Virginia ; Rockingham 
in 1750, by hunters, who were soon followed by a more substantial 
population; and Guilford about the same time, as appears from the 
deeds of land obtained by the Nottingham company. That company, 
by agents sent out for the purpose, purchased 33 surveys, or 21,120 
acres, on the waters of North Bufifalo and Reedy Fork ; and one of 
their deeds, which is now before me, is dated December 3, 1753." 
(Caruthers' Life of Caldwell, 93.) 



382 SOCIAL LIFE AT THE REVOLUTION 

^^ member of the Crown of England, the Assembly enacted that 

the laws of England "are the laws of this government so far 
as they are compatible with our way of living" ; and that all 
the statute laws of England made for the establishment of 
the Church and for the indulgence to Protestant dissenters 
were in force in the province. This enactment firmly estab- 
lished the Church of England as the state church, and put 
in force the Act of Toleration, which remitted all penalties 
for non-conformity in the case of Protestant dissenters who 
did not deny the doctrine of the Trinity. 
s R, XXIII, In 1729 apparently each parish was invested with the right 
' ^ to elect its own vestrymen, who still had the privilege of 

employing their ministers, being members of the established 
church. Up to that time there had been in the province no 
other ordained ministers of any denomination ; but about 
that time Paul Palmer and Joseph Parker organized Bap- 
tist churches in the Albemarle section. In 1741 the vestry 
law was amended requiring vestrymen to declare that they 
''would not oppose the liturgy of the Church of England." 
They still had the right to lav a tax on the poll for parish 
purposes, and by a two-thirds vote they could withdraw the 
stipend agreed to be paid to any minister. At that period 
there were only four ministers of the established church in 
the province, perhaps an equal number of Baptist ministers 
and none of the Presbyterian faith. There was but little 
'Jhe riteuf rooui for clashiug among the ministers. Later some differ- 
mamage pjiccs arosc lu regard to the right of Presbyterian ministers 
to perform the marriage service. Originally in 1666 certain 
civil officers were empowered to perform the marriage cere- 
mony, and "the persons violating this marriage shall be pun- 
ished as if they had been married by a minister according to 
the rites ... of England." The Quakers married according 
to their own rites. In 171 5 it was again enacted that magis- 
trates might perform the marriage service in parishes where 
no minister was resident ; but in all cases a license or the 
S.R., XXIII, publication of banns was required. The law remained un- 
changed until 1 741, when it was again enacted that no min- 
ister or justice should celebrate the rite of marriage without 
license or banns; and that the parish minister, if one, should 
be entitled to the fee unless he neglected or refused to per- 



THE ESTABLISHED CHURCH 383 

form the service. There were still no Presbyterian ministers IZ^ 

settled in the province and but very few Baptist ministers, 
and it was nowhere the practice for Baptist ministers at that 
time to perform the marriao;e service. About 1755 Hugh 
McAden and James Campbell established themselves respec- 
tively in Duplin and Cumberland counties, where they or- 
ganized Presbyterian congregations. These were regularly 
ordained ministers of that faith. A little later Rev. Henry 
Pattillo, James Criswell, David Caldwell, Joseph Alexander 
and Hezekiah Balch had charges of the same communion 
further in the interior. In their respective settlements there 
were but few adherents of the Church of England. Now, 
however, some clashing because of religious differences be- 
came observable. 

Originally introduced in 1701 in an effort to secure some 
religious services for the colony, at a later period the state 
church was fostered by influences emanating from Great 
Britain. It was a survival of former usages, and was not 
then so inharmonious with the times as it subsequently be- 
came. In every European country religion was the care of 
the state ; and in England the established church was at 
once the mainstay of the Crown and the support of the rul- 
ing dynasty, while it had long been the bulwark protecting 
Protestantism from the domination of Catholicism. When 
the province became attached to the Crown, the king being 
at the head of affairs, ecclesiastical as well as civil, and all 
provincial laws requiring his concurrence, his officers sought 
to strengthen and promote the state church, and such was 
the tenor of the instructions given to the governors. Par- f^gf^^"^' 
ticular effort was to be made to that end — even schoolmas- 
ters being required to be members of the established 
church. Such was one of the results of the domination 
of the Crown, of the close connection of the province 
with the mother country. North Carolina was to be New Rem 
fashioned after England — a consequence not so intoler- academies 
able, for all the inhabitants were British subjects, reared 
under existing institutions, and regarding their king as the 
fountain of all honor and justice. 

The freeholders of the east dominated the Assembly, and 
they were largely in sympathy with the Church of England. 



384 



SOCIAL LIFE AT THE REVOLUTION 



1771 

The parish 
taxes 



Weeks, 
Church and 
State in 
North 
Carolina, 51 



Legislation therefore conformed to the wishes of the Crown. 
Yet it was by no means onerous. But while the burdens im- 
posed were not heavy, nevertheless the principle of taxation 
for church purposes was ofifensive to many of the dissenting 
inhabitants. How slight the tax was may be gathered from 
the report of Quaker sufferings made annually "to the 
Meeting for Sufferings" in London ; "in 1756, chiefly for the 
maintenance 'of an hireling priest,' " iio 14s. 5d. ; two years 
later, £14 17s. 6d. ; 1759. £85 ; 1760, £23 ; 1761, no sufferings ; 
nor in 1762, nor 1765. In 1768 fines were reported amount- 
ing to £5 4s., "being for priests' wages and repairing their 
houses, called churches." In 1772, 30s., church rates; none 
in 1773 nor 1774. 

The amount of tithes collected here, says Dr. Weeks, is 
ridiculously small ; but in this small sum was wrapped the 
whole principle of liberty of conscience. 

At the west the Presbyterians concerned themselves but 
little with the vestry laws. They either did not elect vestry- 
men, or chose those who carried into operation only the pro- 
visions relating to the poor of the parish, not providing any 
stipend for "an orthodox minister." Yet certainly some of 
the incidents of the state church bore hard on the follow- 
ers of Knox, as on the Baptists. 

Since the assemblymen. North Carolinians, enacted the 
laws, there was no infringement of any liberty of worship; 
there was no persecution. "There was no opportunity for 
it under the existing laws, and the dissenters were aggres- 
sive and powerful. The manuscript records of the Friends 
show perfectly conclusively that while they suffered distraint 
for tithes and military levies, they were not imprisoned. 
They suffered no bodily violence." "There was more re- 
ligious liberty at the beginning than at the close of the 
colonial life of North Carolina, but there is no well-authen- 
ticated case of bodily persecution in our annals, unless we 
count the imprisonment of the Quakers who refused to bear 
arms in 1680 as such, and this seems to have been more 



Weeks, 
Church and 
State in 

Carolina, 48 political thaii religious in its character." 

Yet the effort to maintain the state church svstem 



m a 



province where so many were indisposed to support it was a 
source of irritation, without any compensating advantages. 



INFLUENCE OF THE ESTABLISHED CHURCH 385 



Act 



while fundamentally erroneous in principle. The estab- ^JJ 

lished church as a state institution was out of place in 
America, where the people, bursting the bonds of the past, 
had emerged into a new life, with greater freedom of 
thought and action nurtured by their close contact with na- xheVestry 
ture ; and one of the chief objects in view, strengthening the 
Crown, was defeated by its rendering the Crown antagonistic 
to the dissenters in that relation of life which was dearest 
to the people, their church affiliations. In 1762 provision 
was made "for an orthodox clergy," by which the salary of 
clergymen was fixed at £133. and, as formerly, a fee for 
marrying was allowed, although performed by another. The 
vestry still had the right to select the clergyman, who, how- 
ever, was required to have a certificate from the bishop of 
London that he had been ordained in the Church of Eng- 
land. In case of bad conduct he could be removed by the 
governor and council. This last provision was objectionable 
to the authorities in England, and for that reason the act was 
not allowed. Three years later a similar act was passed, the 
freeholders in every parish being required to elect twelve 
vestrvmen, and if they elected a dissenter who refused to 
qualify he was fined. The vestry could levy a tax of ten 
shillings on the poll for church purposes, for encouraging 
schools, maintaining the poor, etc. To meet the objection 
raised to the former act it was now provided that while 
clergymen might be suspended by the governor for mis- s j^, 
conduct, the suspension should be only until the bishop of 
London passed on the cause.* The churches of that com- 
munion in all the colonies were under the supervision of the 
bishop of London. 

Governor Tryon, with great connections, was very anxious 
apparently to commend himself to the authorities at home, 
and vet he declared that he was a zealous advocate of the 
principles of toleration. It seems that the Presbyterian min- 
isters in the settlements at the west had performed the mar- 
riage ceremony without either license or publication of banns, 
contrary to the law in England, and in the province since 
171 1. When the act of 1762 was on its passage, the council c. r.,vi. 
proposed an amendment, "that no dissenting minister of any ^^' 

*This act was re-enacted in 1768, and again in 1774 for ten years. 



XXIII, 956 



386 



SOCIAL LIFE AT THE REVOLUTION 



The 

Presbyterian 

ministers 



S. R., 

XXIII, 672 



^ denomination whatever shall presume on any pretence to 

marry any persons under the penalty of forfeitin^S^ £50 
proclamation money for every such offence." The house re- 
jected that proposed amendment, and the act was passed 
without such a provision. This action was doubtless consid- 
ered as impliedly confirming the right of the Presbyterian 
ministers to perform the marriage service, the Assembly 
having pointedly declined to concur in a provision declaring 
it unlawful. Still any marriage without license or banns was 
irregular under the existing law. One of the first acts passed 
in Governor Tryon's time, reciting this irregularity, made 
valid all such marriages and made it lawful for Presbyterian 
ministers, regularly called to any congregation, to celebrate 
the rite of marriage in their usual and accustomed manner, 
as any lawful magistrate might do, there having been issued 
a license for the same. The fee for such service was, how- 
ever, reserved to the minister of the Church of England in 
that parish, if one, unless he refused to do the service. This 
act did not allow Presbyterian ministers to marry by the pub- 
lication of banns, and therefore it was not agreeable to the 
Presbyterian communities, and they made bitter complaints. 
To remedy this, at the session of December, 1770, an act was 
passed allowing these ministers to perform the service with 
publication. Governor Tryon was eager to please the Pres- 
byterians, but Lord Dartmouth caused the act to be disal- 
lowed, saying that he could not approve of the dissenters in 
North Carolina having any greater privileges than allowed to 
them in England, and that he was not at liberty to admit 
a dififerent mode of marriage in the colonies than required by 
the act of Parliament. Such was one of the efifects of 
colonial dependence on the mother country — a Presbyterian 
minister could perform the marriage ceremony only as al- 
lowed by act of Parliament. 

Under Tryon's active management the clergy of the 
Church of England in the province increased from five to 
eighteen. These were distributed chiefly throughout the 
eastern and northern counties. Some were supported solely 
by the stipend received from the Society for the Propagation 
of the Gospel and the voluntary offerings of the people ; 
others, being established in parishes, received the allowance 



S R 

x'xii'i, 826 

C. R., VIII, 

527; IX, 682 



The 

Episcopal 

clergy 



GROWTH OF DISSENTERS 3S7 

made for them by law. There was, however, but little fric- ^^ 

tion between them and the Presbyterians, who were settled 
chiefly at the west and dominated that entire section. In 
1766, Rev. Andrew Morton, being sent from England as a 
missionary to minister in Mecklenburg County, ascertained 
when he reached Brunswick that that county was settled 
by Presbyterians, and did not go there. In Rowan there 
were some of the established church who asked for a min- 
ister, and about 1770 Rev. Theodorus Drage was assigned to 
that parish and undertook to have a vestry elected ; but the 
Presbyterian element was too strong for him to contend 
with, and after a year or two he gave up his charge. 

From an early date there had been adherents of the Bap- 
tist faith in the province. When in 171 1 religious affairs be- 
came governed by the laws prevailing in England, the Tol- 
eration Act came into force. By this all penalties were re- I'letest 
mitted for non-conformity m the case of Protestant dissenters 
who did not deny the doctrine of the Trinity upon their tak- 
ing the oaths of allegiance and the test oath, declaring that 
"I do believe that there is not any transubstantiation in the 
sacrament of the Lord's Supper or in the elements of bread 
and wine at or after the consecration thereof by any person 
whatsoever." It required, however, that their places of wor- 
ship should be registered in the county courts, and that the 
doors of their place of meeting should be open during the 
time of worship ;* and their ministers were to subscribe 
the thirty-nine articles of religion, except those relating to 
ecclesiastical government and infant baptism. At the time T''f • 

r 1 1 • (• 1 • r iileration 

of the adoption of this act of toleration, on the accession of Act 
William and Alary to the throne and the expulsion of the 
Stuart kings, it was understood that it relieved from penalties 
all except alone the Roman Catholics and Unitarians. Every 
other denomination was content with it. In North Carolina, 
under that act, the Baptists as well as the Presbyterians were 
required to register their churches, although probably the 
requirement was not always observed. In 1770 the Pres- 5,-,^^;^y"^' 
byterians of Rowan registered two of their churches. 



227, 507 



The first churches organized by the Baptists were Shiloh ^.^ 



and Meherrin ; the next, in i742,Kehakee ; Sandy Run, 1750; 
*These requirements were aimed at the Catholics. 



B.ipiists 



388 SOCIAL LIFE AT THE REVOLUTION 

^' Fishing Creek, 1755 ; also Reedy Creek, Sandy Creek in Ran- 

dolph and Grassy Creek in Granville. After that others fol- 
lowed fast, so that by 1771 there were twenty-two distinct 
congregations, besides the branches springing from those 

1739 parent churches which they supplied. At the September term 

of the county court of Edgecombe, "Jonathan Thomas, a non- 
conforming preacher, produced an ordination writing signed 
by George Graham and John Moore, the pastors of the Bap- 
tists, ordaining him to go forth and preach the Gospel accord- 
ing to the tenets of that church ; and he therefore took the 
oaths of allegiance and subscribed the test appointed for that 
purpose." A similar proceeding was had at the June session 
of 1740 of the county court of Craven, and the applicants 
were given liberty to build a house of worship. It seems, 
however, that some of them were accused of having violated 
the Toleration Act and they were bound over to appear at 
the next term of the general court.* 

Methodists ^hc prcscut Mcthodist organization was not then in exist- 
ence. Rev. Mr. Whitefield passed through the province in 
1739 and again in 1764, and preached at Wilmington, New 
Bern and perhaps elsewhere, but still regarded himself as a 
minister of the Church of England. It was not till 1772 
that Joseph Pilmoor, the first Methodist minister in North 
Carolina, began his ministrations. The year following the 
first society was formed by Robert Williams ; the first circuit 
was formed in 1776. The next year John King, John Dick- 
ens, LeRoy Cole and Edward Pride w^ere appointed to the 
North Carolina Circuit, and at the close of the year they re- 
ported nine hundred and thirty members. King resided near 
Louisburg, and later ten miles west of Raleigh. The first 
conference was held near Louisburg on April 20th, 1785, 
at which Bishops Asbury and Coke were present. 

Education and schools 

Educational facilities in Albemarle were from the begin- 
ning greatly lacking. If there were schools and schoolmas- 
ters in the earlier years no mention was made of them ; yet 
as many of the inhabitants, born and bred in Albemarle, evi- 

*A verbatim copy of the minutes of that court is to be found in 
Vass's "History of the New Bern Presbyterian Church." 



EDUCATIONAL FACILITIES 389 

dently received some training in their youth, there must have 'J^l 

been teachers among them. Wlien the ministers of the estab- 
lished church began to come in, about the opening of the 
eighteenth century, there are traces of some local schools. 
Charles Griffin was a school-teacher in Pasquotank, as well 
as lay reader. There was a school taught by Mr. Mashburn 
at Sarum, thought to be near Bandon, and about three miles 
from Ballard*s Bridge. Perhaps there were others employed 
as lay readers who also taught school. 

When the province passed under the immediate control Schooi- 

^ ^ . . . masters 

of the king and its mstitutions were m a measure con- tobeiicensed 



't> 



formed to those of the mother country, Governor Burring- 
ton was instructed in 1731 that no schoolmaster should 
be permitted to come from England to North Carolina to 
keep school without the license of the bishop of London ; 
and "that no other person now there or that shall come 
from other parts shall be admitted to keep school in North 
Carolina without your license first obtained."* This instruc- 
tion was in aid of the general purpose to promote the 
established church, to train children in that faith, and 
strengthen the hold of the Crown on the people. Its natu- 
ral effect must have been to discourage educational work in 
the province. We hear of no more schools except one 
taught about 1745 at Brunswick and the act of 1745 to build 
a school-house at Edcnton. In 1749 John Starkey, himself 
it is said an ordained Episcopal clergyman, introduced a bill 
in the legislature to establish a public school, but the act did 
not become operative. Later, in Governor Dobbs's time, it q''^^^ 
was proposed to have a free school in every county ; but that '°74 
effort also miscarried. 

Notwithstanding the instructions given to Burrington 
were repeated to all later governors, it appears that the 
Scotch-Irish and other settlers m the interior had their local 
schools soon after coming to the province, as Governor 
Dobbs indicated when on a visit to his lands in Rowan and 

*In 1714, an act known as the Schism Act was passed by Parliament 
forbidding any person to teach school who was not a member of 
the established church ; this act was, however, repealed in 1719, 
under the administration of the Whig party, which continued for 
nearly sixty years. Apparently, the governor could license a teacher 
who was not of the established church, if so disposed. 



390 SOCIAL LIFE AT THE REVOLUTION 

1771 Mecklenburg^ counties. They were probably not licensed by 

Fnote's him. Althoug^h Wilmington had no organized Presbyterian 

'Nonh"° church, Rev. James Tate, a Presbyterian minister, came 

Carolina, from Ireland about 1760 and opened a classical school 

Rumple, there, the first ever taught in that place. In the same year 

Row'an Crowfield Academy was established at Bellemont, near the 

ounty. 3 gji^g q£ Davidson College. 

In 1764 it was proposed to erect a schoolhouse on some 
church property in New Bern, Thomas Tomlinson, on the 
first of January of that year, having opened a school there. 
xxVii 6 8 ^^^^ school building was probably completed in 1766, when 
an act of the zA.ssembly incorporated the trustees, provided 
a tax on rum to raise a salary of i20 per annum, and 
required the admittance of ten poor pupils, tuition free; 
and the license of the governor was required. In 1770 
an act was passed reciting that the inhabitants of Edenton 
had erected a convenient schoolhouse. Trustees were 

CD 

xxii'i, 823 appointed to conduct the school, and the master, as in the 
case of the school at New Bern, was required to be a mem- 
ber of the established church, recommended by a majority 
of the trustees and licensed by the governor. These two 
academies at New Bern and Edenton afforded educational 
advantages that were of great benefit, extending through 
many years, to the people of the eastern counties. 

In 1767 Dr. David Caldwell opened a classical school in 
Guilford County that became famous, a large number of 
eminent men receiving their education there. A year or two 
Foote's later Rev. Henry Pattillo began to teach in Granville. One 
of his pupils, Charles Pettigrew, then of the Presbyterian 
faith, in 1773 became the principal of the Edenton Academy. 
A little later Rev. Daniel Earl, who had been the minister at 
Edenton, established a classical school in Bertie. 

In 1771 the Lutherans on Second Creek, Rowan County, 
sent Rintelmann and Layrle to Europe to obtain "help to 
support a minister and school-teacher." Their efforts re- 
sulted in the establishment of Godfrey Arndt as the school- 
master of that settlement. 

In 1768 Joseph Alexander succeeded ]\Ir. Craighead as 
pastor of Sugar Creek ; "a fine scholar, he, in connection 
with Mr. Benedict, taught a classical school of high excel- 



COLONIAL CLASSICAL SCHOOLS 391 



lence and usefulness." Indeed, there was probably a school ^^J 

kept open in most of the seven Presbyterian settlements in 
Mecklenburg County. 

There was a grammar school at Charlotte before 1770, and s.r.,xxv, 
in that year Edmund Fanning introduced a bill to establish 
a seminary of learning there under the name of Queen's Q_^',^|"^^ 
College. Fanning, Pattillo, Abner Nash and other trustees 
were directed to meet at the grammar school and elect a 
president and tutors. The college was to have the right to 
confer degrees. The president was to be of the established 
church, and licensed by the governor, but that was not 
required as to the trustees or tutors. To endow the college, 
a tax of sixpence was laid on all liquors brought into the 
county of Mecklenburg for ten years. The trustees met 
and elected Fanning the president. Fanning, however, left 
the province, along with Governor Try on, in the summer s. r.,xxv, 
of 1 77 1, and at the next session of the Assembly, in Decem- ^™ 
ber, 1 77 1, the charter was amended, enabling degrees to be 
conferred in his absence. 

The original act having been sent to England, the Board 
of Trade reported "that this college, if allowed to be incor- 
porated, will in effect operate as a seminary for the education 
and instruction of youth in the principles of the Presbyterian 
Church," and the Board doubted whether the king should 
give that encouragement to the Presbyterians in North 

Carolina. The Board also objected to the looseness of the c. k., ix, 

^ 250, 251 

wording of the tax clause : but in particular it recommended 
that the king should disallow the act because it came under 
the description of those unusual and important acts which 
were not to be passed without a suspending clause ; that is, 
such acts were not to go into effect until the king had 
assented to them. The king disallowed the act in April, 
1772, but the college seems to have been continued; and in 
April, 1773, the amendment being disallowed, a proclama- c. r., ix, 
tion was issued by Governor Martin in June declaring that 5''*' ^''^ 
the amendment was of no effect. The school was maintained, LiTe of"' 
apparently without interruption, under the name of Queen's Hrah/mr 
Museum, and in 1777 the state legislature incorporated it as ^^'^^ 
Liberty Hall, that act of Assembly then declaring that a xxiv, 30 



392 SOCIAL LIFE AT THE REVOLUTION 

^rn_ number of youths there taught had since completed their 

education at various colleges in different parts of America. 

That there were other schools at that period in other 
settlements cannot be doubted ; while for higher education 
the colleges of William and Mary, Harvard, Yale, Prince- 
ton, in America, were patronized, and some of the youths 
from the seacoast counties at least were educated in England. 

Taxation 

In those early days, when wealth found investment only 
in lands and in negro property, the subjects of taxation were 
few, and for general purposes the exclusive tax was on the 
poll. The expenses of government had from the first been 
cast on the Lords Proprietors, at least to a great degree. The 
salaries of officers were paid from the quit rents by the 

Land tax recciver-gcneral and by fees. In 1715, however, a tax was 
laid of 2s. 6d. on every one hundred acres of land, in addi- 
tion to fifteen shillings tax on the poll ; but the land tax was 
for that year only. 

After the transfer to the Crown the same system was con- 
tinued, and the Crown officers and provincial officers were 
paid from the quit rents* and by fees. Many years passed 
before the Assembly could be induced to make some little 
provision for a salary for the chief justice and the attorney- 
general. The chief current expense was in connection with 
the assemblies. 

Poll tax As soon as Governor Johnston came in the Assembly 

granted an aid to the king, striking off currency for that 
purpose, and laying a tax on the poll to retire that currency. 
From time to time similar action was taken, provision being 
made to pay the provincial notes by a poll tax. 

xxii'i Similarly there was a county tax for bridges, court-houses, 

jails, etc., which generally ran about one shilling on the poll ; 

and there was a parish tax usually applied to the care of 

the poor, and similar local purposes — and in some parishes 

a part of the fund going for the minister's salary, chapels, 

glebes, etc. This tax w^as limited to ten shillings, and seems 

to have run from one to three shillings generally. In 1768 

the provincial tax aggregated seven shillings per poll. One 

*A11 grants of land up to the Revolution were made subject to the 
quit rent. 



TAXATION 393 



shilling was still being collected to sink the aid to the king '771 

granted twenty years earlier, and five shillings of the entire 
tax was because of these aids. There was a tax for con- 
tingent expenses of government — to pay the chief justice, 
attorney-general, the expenses of the Assembly, etc. In that 
year there was a further tax of eight pence, which had been 
laid for two years to pay for the erection of the governor's 
palace. The county tax that year in Orange County was 
one shilling and the parish tax three shillings. The poll tax 
was levied on all male whites over sixteen years of age 
and on all slaves, female as well as male, over twelve years 
of age. By this distribution, property paid a tax, for as Quit rents 
the lands were held by quit rents, most of the accumulated 
wealth was represented by slaves. For special purposes, 
some other taxes were imposed. A tonnage tax on vessels 
was collected for a fund to purchase powder. A tax on rum 
and liquors was sometimes laid for a local purpose — as for 
the New Bern Academy and Queen's College. 

In order to have the commodities marketed in a mer- 
chantable condition, there were laws regulating how they 
should be put up for the market ; and there were many 
places specified where these articles of commerce could be 
inspected by an officer appointed for that purpose, and they 
were not to be shipped out of the province unless inspected. 
Public warehouses for the inspection of tobacco were estab- 
lished at Edenton, at a point on the Chowan and at Hertford ; 
at Jones's and Pitts's Landing, in Northampton ; at Tarboro, 
Halifax, Campbellton ; at Dixon's, Kingston, and Shep- 
herd's, in Dobl)s County. The inspectors at these ware- inspectors' 

. . ^ ^ notes 

houses, on receivmg commodities, gave inspectors' notes for 

the same ; and these notes or receipts were receivable in 

payment of public taxes at the following rates : Tobacco, 

at fifteen shillings per hundredweight ; hemp, forty shillings ; s. r., 

rice, twelve shillings ; indigo, four shillings a pound ; beeswax, ' ^^' 

one shilling; myrtle-wax, eight pence; tallow, six pence; 

Indian-dressed deer skins, two shillings, six pence. Thus it 

took rather more than a pound of tallow to pay the tax that 

was levied to build the governor's mansion, and fifty pounds 

of tobacco paid the entire provincial tax of 1767-68. 



394 SOCIAL LIFE AT THE REVOLUTION 

^71 Lawyers 

s- R.. The lawyers were regulated, and by act of 1770 they were 

not allowed to charge more than ten shillings for any advice 
in a matter before the inferior court, where no suit was 
brought; nor more than £1 for advice in a matter cognizable 
in the superior court. In suits for land they could charge no 
more than £5. In no other suit in the superior court could 
they charge more than £2 los., and in the inferior court their 
fee was just one-half of that. They were to be fined £50 if 

xxii'i, 7S9 they demanded any larger compensation. Their fee was 
embraced in the bill of costs in the suit, and if the attorney 
neglected his case the court could order him to pay all costs 
occasioned by his neglect. After any case was determined, 
any client could, however, make further compensation, if he 
chose to do so, to his lawyer. 

Quakers and the militia 

Quakers had been subject to a fine for not mustering; 
in 1770 they were excused from mustering, but still they 
were required to render military duty in time of peril. It 
was provided that the colonel of the county should make a 
list of all male Quakers between the ages of sixteen and 
sixty, wdio should be under the command of some officer 
appointed by the governor. In time of invasion or insur- 
rection a proportionate number of this Quaker force might 
be called into service, but could provide substitutes or could 
pay iio instead. 

Servants and slaves 

Negro slavery was introduced into the colony at an early 
date, and servants by indenture was an English institution 
of long standing. Many persons came to z^merica, paying 
their way by an agreement to render service for a definite 
period of time, these being called redemptionists. There 
were but few redemptionists brought to North Carolina, but 
apparently there was a considerable number of indented ser- 
vants. The law forbade the emancipation of negroes except 
for meritorious services, to be passed on and allowed by the 
justice's court for the precinct or county. In 1723 such a 
considerable number of free negroes, mulattoes, and other 



SERVANTS AND SLAVES 395 

persons of mixed blood came into the colony, several of 'jjl 

whom intermarried with the whites against the law, that a 
particular act was passed expelling them ; and no negro 
set free was allowed to remain in the province longer than 
six months. 

In 1 741 a further act was passed on the subject of Chris- 
tian servants, by which indented servants were meant, and 
of negro slaves, regulating their correction and punishment, 
their diet, lodging, etc. ; these matters being under the super- 
vision of the county justices. In case any Christian servant 
should, during the time of his servitude, become diseased, 
the church wardens had to see that he was cared for. 

If any person should import a slave who had been free 
in any Christian country, such slave was to be returned to 
the country from which he was brought, and a penalty was 
fixed for the offence. Slaves were required to remain on 
the plantation, and only one of them was allowed to have a 
gun to hunt for his master. 

In the trial of slaves other slaves could give evidence, 
but in no other cases. 



CHAPTER XXIV 
Martin's Administration, 1771-7S 

Martin's administration. — The Regulator chieftains. — Pardon 
asked. — The Assembly meets. — Act of oblivion recommended. — The 
line between the Carolinas. — The quarrel with the governor. — The 
Assembly dissolved. — Sarah Wilson. — Purchase of Granville's terri- 
tory proposed. — Governor Martin proposes reforms. — He confers 
with the Regulators. — The province tranquil. — Martin's view of the 
commotion. — The house objects to the South Carolina line. — Dis- 
agreement of the houses over James Hunter. — Fanning's losses. — 
Changes at the west. — The court bill. — The attachment clause. — 
The house resolute. — It is dissolved. — Courts by prerogative. — 
Quincy's visit. — Martin to become Granville's agent. — Colonial af- 
fairs. — Committee of Correspondence. — The act of oblivion again 
fails. — The house affronts the governor. — The courts cease. — The 
governor seeks conciliation. — Temporary courts of oyer. — The one 
shilling tax. — Harvey urges a convention. — Continental affairs. — Tea 
destroyed at Boston. — Parliament closes the port of Boston. — The 
McDonalds come to the Cape Fear. 

Martin's administration 

UJl After the hasty departure of Governor Tryon from the 

province, at a meeting of the council held in New Bern on 
July I, 1 77 1, James Hasell, the eldest councillor and the 
president of the board, assumed the administration, requir- 
ing all officials to qualify again, as if he had been appointed 

August,i77i governor. It was not until August nth that Josiah Martin, 
the new governor, who had been detained in New York by 
illness, arrived at New Bern and entered on the discharge of 
his duties. Governor Martin, like Tryon, had been a lieu- 

c. R., X, 47 tenant-colonel of the British army, but had two years earlier 
sold his commission and left the army because of ill health. 
He was just thirty-four years of age, an accomplished gen- 
tleman, a man of education, having strong connections in 
England. He had enjoyed the advantage of consultation 
with Governor Tryon at New York, receiving from him 
much information in regard to the local affairs of the prov- 
ince. His purpose seems to have been to continue in the 
same line of conduct that Tryon had pursued. Pleased with 



THE REGULATORS SEEK PARDON 397 

President Hasell, he took early occasion to recommend him 1^ 

for the position of Heutenant-governor in place of Lieuten- c. r., ix, 
ant-Governor Mercer, who, it was rumored, had been ap- 
pointed to a new government erected on the Ohio, but this 
proved to be an error, for Lieutenant-Governor Mercer still 
remained in England, enjoying the honors if not the emolu- 
ments of his office. 

Applications were speedily made for the pardon of many 
of the leading Regulators. Husband had fled to Maryland, 
and later located in Pennsylvania. Howell also took refuge 
in Maryland, then moved to Virginia, but finally returned 
to the home of his youth in New Jersey. Hunter, who had 
strong connections in North Carolina, after some months' 
sojourn in Maryland, returned and took up his abode among 
his people. The Assembly favored him, as well as the county f^g^^^ti'^' 
courts, much to the disgust of the governor. His friends 
asked for his pardon, but it was never formally granted, yet 
he remained undisturbed and was later regarded as a sup- 
porter of Governor Martin's administration. William 
Butler made his petition for pardon, saying: "It is with the 
utmost abhorrence that I reflect on the proceedings of the 
people formerly called Regulators, being fully convinced that 
the principles which they had espoused were erroneous, and 
therefore most sincerely promise never to do the like again." 
The friends of the "Black Boys" in like manner petitioned c. r., ix, 
for mercy for them. Later the six convicted Regulators 
were pardoned by the king, and no other proceedings were 
instituted, although unavailing efforts were made to capture 
Husband in his hiding place in western Maryland. 

Governor Martin convened the Assembly on Novem- '"' 
ber 19th, being the second session of the body elected in 1770. 
Husband had been expelled, and John Pryor, the other mem- 
ber from Orange, being dead, McNair and Nash were elected 
in their stead. Thomas Person, although excluded from 
pardon by the proclamation of Governor Tryon shortly after 
the battle of Alamance, appeared and took his seat, but c. r,,ix, 
Benjamin Person, one of the members from Bute, had died. '^^ 
General Waddell had been elected from Bladen County to 
fill a vacancy. There were no other notable changes in the 
body. 



X 



398 MARTIN'S ADMINISTRATION, 1771-75 

llj^ Governor Martin's opening address was very satisfactory 

to the Assembly, and Maurice Moore, Samuel Johnston and 
Abner Nash were appointed a committee to prepare an 
November answcr to it. Their address was reported to the house by 
Judge Moore, and it is notable in that it contains but little 
of the laudation lavished by the council on Governor Tryon, 
although it declared that '"his spirited conduct and the 
bravery of the troops in the expedition against the insur- 
gents deserve the acknowledgments of the whole country." 
Indeed, Judge Moore seems to have been at points with the 
late governor, shortly after whose departure there appeared 
a letter signed "Atticus," attributed to Judge Moore,* 
roughly handling him and holding him up to ridicule. The 
house urged the governor to grant a general pardon to all 
persons concerned in the insurrection except Husband, 
c. R.,ix, Howell and Butler. The omission of Hunter from this 
269 excepted list is remarkable, since he was the general of the 

insurgent forces. Governor Martin, however, thought it be- 
yond his power to grant pardons, and replied that he had 
already offered such a measure for the consideration of the 
king, and at a subsequent session he informed the house that 
the king recommended it to pass a general act of pardon and 
oblivion. 

The house proceeded to address itself to local affairs, pass- 
ing bills to establish new counties at the west, to construct a 
public road from the western counties to Campbellton, to 
amend the act in relation to fees for officers, and other legis- 
jan., 1771 lation calculated to promote the welfare of the people. Wil- 
wiimTngton, mington had suffered by a heavy fire, and an act was passed 
CaroUna rcgulatiug the affairs of that town, particularly in view of 
Gazette possible Conflagrations. A two-shilling tax was laid to retire 
debenture bills to the amount of £60,000, directed to be issued 
because of the expenses incurred in the Alamance campaign. 

The line between the Carolinas 

South Carolina had desired the line between the provinces 
to be so established as to give her a large territory at the 
west. On the other hand, Governor Tryon had urged that 
the line from the Yadkin River should be extended direct 

*Also attributed to Abner Nash. Perhaps it was their joint work. 



THE SOUTH CAROLINA BOUNDARY 399 

to the Indian boundary, which he thought it would reach ^71 

somewhere near Reedy River. But South CaroHna, claiming 
that the original division before Brunswick was settled had 
been the Cape Fear River and that when the line was run 
to the Yadkin the surveyors had erroneously allowed North 
Carolina eleven miles too much, now insisted that the boun- 
dary should be the Catawba River to its source in the moun- 
tains. The king, however, decreed that the line should 
follow the boundaries of the reservation allotted to the 
Catawba Indians, and then up the Catawba River to its forks, 
and from there a due west course. Such were the instruc- 
tions given to Governor Martin, who asked for an appropria- 
tion to carry them into eifect. The Assembly demurred, The line not 

. ,.,, ^,-, ... satisfactory 

replymg that it had no funds for the purpose, and with some 
indignation it petitioned the kin§ not to insist on that line. 
After adjournment, however, Governor Martin ran that line, 
much to the dissatisfaction of North Carolina. It deprived the 
province of a wide breadth of valuable territory well settled, 
for population had now extended to the mountains ; but 
notwithstanding all remonstrances, it never was altered. 
While the western part of the province was receiving these 
accessions of population, immigrants were continually arriv- 
ing at the ports, and in the winter of 1771 no less than one ^ ^ jx 
thousand Highlanders disembarked on the Cape Fear. 259 

The clashing over the sinking fund tax 

Among other business that the Assembly undertook was 
the passage of a new court law. But the session was brought 
to an unexpected close with that and much other business 
unfinished. Besides the act for the issue of £60,000 of Dec, 1771 
debenture notes, both houses passed a bill to issue £120,000 
of proclamation money, which the governor considered 
repugnant to the act of Parliament prohibiting the issue 
of paper currency of legal tender, and did not assent to. 
On the same day, Saturday, December 21st, a bill was The 
passed to discontinue a tax of one shilling for the sinking disconfin-* 
fund, which appeared to have had full operation. The "^'^ 
governor was determined not to assent to that, saying that 
it was a measure teeming with fraud and inconsistent with 
the public faith ; but the leaders in the Assembly were equally 



400 



MARTIN'S ADMINISTRATION, 1771-75 



1771 

Assembly 
firm 



C. R.. IX, 

230, 233 

The 

Assembly 

dissolved 



C. R., IX, 
234 



Sarah 
Wilson 



Martin, 
Hist, of 
North 
Carolina, 
II,2g2 



determined In their resolution to relieve the people of what 
they regarded an unnecessary burden. Despite the antag- 
onism of the governor, they proposed to proceed. In viev/ 
of the fact that he would not ratify the act, the house passed 
a resolution that the tax had accomplished its purpose and 
should no longer be collected ; and that it would indemnify 
the sheriffs in not collecting it. This was similar action to 
that taken in 1768, to which Governor Tryon objected, but 
which, notwithstanding his objection, was successfully made 
effective. On learning that this resolution had been adopted 
by the house, Governor Martin hastily commanded their 
attendance, and before it could be entered on their journal 
of proceedings he immediately dissolved the Assembly. 
Treasurer Ashe was a member of the body, as well as Treas- 
urer Montfort, who had been elected at a bye-election as 
the representative of the town of Halifax, and pursuant to 
the resolution, they omitted that tax from the sheriffs' lists. 

The governor at once wrote to the treasurers, insisting 
that they direct the sheriffs to collect the tax as usual. While 
the treasurer of the northern district complied, the southern 
treasurer refused and obeyed the mandate of the Assembly. 
Thereupon the governor issued a proclamation commanding 
the sheriffs to make the collection, but his order was not 
generally obeyed. Thus came a breach between the new 
governor and the people, on a local matter, which Governor 
Tryon always had the address to avoid. 

During the course of the winter an accomplished woman, 
calling herself Lady Susanna Carolina Matilda, sister to the 
queen of Great Britain, travelled through Virginia, being 
entertained at the houses of the gentlemen, and many had 
the honor of kissing her hand. To some she promised gov- 
ernments, to others regiments or promotions of different 
kinds in the treasury, army and navy, acting her part so 
adroitly as to levy heavy contributions on persons of the 
highest rank. At New Bern she received marked attention 
from Governor Martin and his wife, and at Wilmington she 
was also received with every distinction. Eventually, at 
Charleston, where much attention was paid her, her 
masquerade was discovered, and she was apprehended. Her 
name was Sarah Wilson. She had been a maid of honor. 



GRANVILLE'S TERRITORY 401 

Having access to the royal apartments, she rifled a cabinet ^^ 

of many vakiable jewels, for which she was tried and con- 
demned to death. By an act of grace her sentence was 
softened into transportation, and she had been landed in 
Maryland during the preceding fall, where, as a convict, she 
was purchased by a Mr. Duval. Shortly afterward she 
effected her escape from her master, and when at a prudent 
distance, assumed the name of the queen's sister, and for a 
brief season wore her borrowed plumage with fine effect. 

Governor Martin proposes reforms 

Governor Martin, in considering the situation of affairs 
in the province, became greatly impressed with the desir- 
ability of the Crown's purchasing Earl Granville's territory, 
which was then offered for sale at a price between £60,000 
and i8o,ooo sterling. The quit rents in 1766 exceeded £6,000 *^"" '"'^"'^ 
proclamation money. After that time the land office was 
closed, but so many settlers had seated themselves without 
grants in that domain that in 1772 it was estimated the rents 
would yield half as much more, and could titles be obtained 
it was thought that very shortly the rents would amount to 
£12,000. Such had been the great progress of settlement. But 
as no quit rents had been paid for five or six years, and the 
accumulation of indebtedness was heavy, the tenants, even 
those who had no titles, were very apprehensive concerning 
the day of payment, and there was a great ferment among 
them, ready to break out with violence when payment should c.^i^., ix, 
be exacted. For these reasons the governor urged the pur- 
chase by the king, and the Assembly held the same view, for 
at the next session they solicited that the purchase should 
be made. 

The governor had been instructed to request for the The clerks 
Crown the power of appointing the six clerks of the 
superior court, theretofore vested in the chief justice, and he 
now urged that the thirty-four clerks of the counties, the 
appointment of whom was vested in the clerk of the pleas, 
Mr. Strudwick, should likewise be appointed by the Crown, c^ ^^ee''^' 
These clerkships yielded the incumbents from £50 to £500 
per year, and they paid an annual rent running from £4 to 
£40 to Mr. Strudwick, who thus received £560 per annum, 



402 MARTI yS ADMINISTRATION, 1771-75 

^ a handsome income from this sinecure. Besides, Mr. Strud- 

wick was also secretary of the province, which yielded a fine 

c. R., IX, income. Governor Martin dwelt on the evils of this system, 
by which these clerkships were bestowed on the best bidders, 
not persons chosen for loyalty, integrity or ability, who were 
led to extortion upon the people to indemnify themselves for 
that part of the profits which they had to pay for the appoint- 
ment. With adroitness they managed the magistrates, who 
became confederated with them, and thus arose oppression 
and shameless conduct among those who ought to have been 
ministers of justice. In addition, he called attention to the 
facility with which the clerks found their way into the 
Assembly, and, being independent of the administration, 
opposed and embarrassed designs for the public good. He 
therefore urged most strongly an improvement in the polity 
of the province by the changes he recommended. 

The governor at the west 

1772 Following the example of Governor Tryon, Governor 

Martin proposed to pass the summer at Hillsboro. De- 
parting from New Bern on June 21st, with twenty persons 
accompanying him, forming quite a cavalcade, he was more 
than ten days in making the journey, and when he 
approached Wake Court House was met by a number of 
gentlemen, who rode out from Hillsboro to escort him to 
his residence. That summer proved so dry and the drought 
was so prevalent that there was a notable failure of crops, 
not only in western North Carolina, but in South Carolina, 
as well as to the northward ; and the demand for breadstufTs 
elsewhere was so great that it became necessarv for the gov- 
ernor by proclamation to forbid the removal of any grain 
from the province. 

At Hillsboro, the governor was waited on by many of 
the Regulators, and then for the first time he comprehended 
that the outlawed chiefs were so only by virtue of the 
riot act, which had then expired — and that, besides, it had 
not been ascertained by law that the proclamations had been 
published in conformity with the act, and therefore it was 
uncertain whether they were outlaws or not. He made a 



STATUS OF THE REGULATORS 403 

tonr to Salisbury and the Moravian settlement, and when in UJ^ 

Guilford County had a conference with large numbers of 
the Regulators, among them James Hunter. They all ex- c. r., ix, 
pressed- contrition, and the governor came to entertain very . . 
different views concerning the regulation movement. He views 
extended his journey to the eastward as far as Halifax, 
remarking the great superiority of the inhabitants of Gran- 
ville and Bute in wealth and refinement over those to the 
westward. In the course of his journey he reviewed the 
militia of Orange, Guilford, and Chatham, bringing together c.r., ix, 
the people that he might reprehend them for their past 
offences and exhort them to good behavior. 

He submitted legal questions concerning the Regulators 
to the judges and attorney-general, with a view of ascertain- 
ing their status. In the opinion of the judges, the riot act 
having expired, the people who had participated in former 
disturbances were liable only under the previous law. Antici- 
pating that there would be a general act of pardon passed c.r., ix, 
by the Assembly, he directed that the outlaws and others 
should come into court and give their recognizances, which 
they accordingly did, and he had the satisfaction of report- 
ing to the Earl of Hillsborough that all confusion and disor- 
der had passed away and that peace and tranquillity reigned ^_^^^' '^' 
supreme. He also reported that the commotions were pro- 
voked by the insolence and cruel advantages taken by merce- 
nary, tricky attorneys, clerks and other little officers, who 
practised every sort of rapine and extortion, bringing upon 
themselves the just resentment of the outraged people; and 
that they, by artful misrepresentations that the vengeance 
which the wretched people aimed at them was directed 
against the constitution, begat a prejudice against them, c. r., ix, 
which was craftily worked up until the people were driven ^^° 
to acts of desperation. 

That the governor's heart was softened toward those who 
had been associated as Regulators was apparent, and his 
sympathies were so enlisted that he gained their good will, 
and at a later period they were easily moulded to his pur- 
poses. 



404 MARTIN'S ADMINISTRATION, 1771-75 

1772 Letter from James Hunter to William Butler 

"November 6, 1772. 

Morehead's "Dear Friend : Soffy I am that I have not the good fortune to 

"IfuTiter ^-^ y°"- • • • I took this journey into Maryland with no other view 

2d ed., 44, 45 but to see you, Harman and Howell, as I reckoned you were afraid to 

come and see me ; but have had the bad fortune to see none of you — 

only Howell, whom I saw in Augusta County, on the head of James 

River. I expect you have seen Harman by this time, as he had gone 

with his family to the Red Stone. But I would not have you 

publish it. 

"Things have taken a mighty turn in our unfortunate country. 
This summer our new governor has been up with us and given 
us every satisfaction we could expect of him, and has had our public 
tax settled and has found our gentry behind in our, the public, tax, 
66,443-9 shillings, besides the parish and county tax; and I think our 
officers hate him as bad as we hated Trj'on. only they don't speak so 
free. He has turned Colonel AIcGee out of commission for making 
complaint against outlawed men — and he has turned out every 
officer that any complaint has been supported against. In short, I 
The out- think he has determinated to purge the country of them. We peti- 

lawed men . , , . , . , 

tioneu hnn as soon as he came, and when he received our petition 
he came up amongst us and sent for all the outlawed men to meet 
him at William Field's, told us it was out of his power to pardon us 
at that time because he had submitted it to the king, and the king's 
instruction was to leave it to the governor, council and Assembly 
to pardon whom they saw fit. But assured us he had given strict 
orders no man should be hurt or meddled with on that account, 
which made us wish for you all back again. Though some are of 
opinion Harman will not be pardoned, I am of a different mind. The 
country petitioned for you — upward of 3000 signers ; his answer 
was that he would recommend it to the Assembly, and freely gave 
his consent that nothing might be left to keep up the quarrel. He 
came to see us the second time, and advised, for fear of ill-designing 
fellows, to go to Hillsboro and enter into recognizance till the 
Assembly met, which eleven of us did. He bemoaned our case and 
regretted that the indemnifying act had put it out of his power to 
give us full redress. Our enemies, I believe, would be glad to see 
you three pardoned, for some of them have gotten severely whipped 
about your being kept away, and I think the country is as much 
master now as ever. The outlawed men since they came home are 
verj^ ill-natured and whip them wherever they find them, and the 
governor thinks it no wonder they do not take the law of them. 
There is a great deal of private mischief done. The people want 
you back, and I think you would be quite safe, though we can be 



HUNTER'S LETTER 405 

better assured when the Assembly breaks up : it sits December loth, 17^72 

when it is allowed that an indemnifying act will pass on all sides.* 
Our governor has got Fanning to forgive the pulling down of his outlawed 
house, and he has published it in print advertisements all over the men 
country. The governor has published a statement of the public 
accounts at every church and court-house in the province for seven- 
teen years back, in print, with the sheriffs' names and the sum they 
have in hand for each year, and a great many of their extortionate 
actions — a thing we never expected — to the great grief and shame of 
our gentry. If you should go to that far country, I wish you would 
come and see us first ; and let me assure you, you need not go on 
that account. Morriss IMoore and Abner Nash have been up to see 
me, to try to get me in favor again, and promised to do all they 
could for you, and I think they are more afraid than ever. I have 
now some good news to tell you, which I heard since I left home. 
I met John Husbands on his way to Maryland to prove his father's 
debt, which the governor told him, if he would, in order to prove 
that Harman was in his debt, he should have all his losses made up, 
and told me that McCollough was come and was in our settlement, 
and was to have a meeting at my house the next Monday by a 
message from the king. Jeremiah Fields and others had been with 
him to know what it was, but he refused to tell them ; he came to 
my house, only said that he had tidings of the gospel of peace to 
preach to us all; and was much concerned that I was not at home, 
for he had particular business with me. I am much troubled, dear 
brother, that I had not the good fortune to communicate my tkoughts 
to you by word of mouth, for I have so much to tell you that I could 
not write it in two days. The outlawed all live on their places 
again, and, I think, as free from want as ever. I came home in ten 
months after the battle, entered a piece of vacant land adjoining my 
old place, and rented out my old place. I add no more, but subscribe 
myself your loving friend and brother sufferer. 

"James Hunter. 
"P.S. — Your friends are all well and desire to be remembered 
to you." 

John Harvey speaker 

A new Assembly, the members of which had been elected Jan., 1773 
m the spring, was prorogued to December, and then to 
January i8th following, but the attendance being small, the 
session did not begin until the 25th. Because of Speaker 

Caswell's action in relation to the resolve forbidding the c. r., ix, 

447 

*C. R., IX, 877. Act of indemnity disallowed by home govern- 
ment. 



4o6 MARTIN'S ADMINISTRATION, 1771-75 

12J2 collection of the one shilling tax, Earl Hillsborough had 

directed Governor Martin not to assent to Caswell's election 
as speaker, should the house again elect him. But now John 
Harvey was once more in his seat, and at Caswell's instance 
he was unanimously chosen speaker, Caswell himself having 
fixed his e3^e on the southern treasuryship. The session 
opened with every appearance of good will between the 
governor and the Assembly, and at once the house addressed 
itself to the passage of a large number of necessary bills. 
During the session the robes for the speakers and the 
maces having arrived, the treasurers were directed to pro- 
vide suitable robes for the doorkeepers and mace bearers ; 
and there was some disposition to have triennial assemblies, 
conformably to the law in England. 

The governor communicated to the Assembly the cost of 
running the line from the Catawba nation to the mountains, 
but that body refused to pay it, saying that the line was 
c. R.. IX, very objectionable; that it was run in the interest of South 
2". 5 3. 57 (Carolina, and that this province would bear no part of the 
expense. It was declared that a million acres of land had 
been taken from the province, on which were located many 
settlers ; that a large part of Tryon County had been thrown 
into South Carolina, and the sheriff of Tryon County had 
to be relieved because of the arrears of the taxes which he 
had not collected. Notwithstanding the indignant remon- 
strance of the last house, the governor now communicated 
that any respectful petition would be considered by the 
king, and the house directed its Committee of Correspon- 
dence to require the agent to urge another line on the king's 
attention. 

Act of oblivion defeated 

There were echoes of the regulation movement. ]\Iany 
were the applications for allowances because of the expense 
suffered in connection with Tryon's march. Among those 
allowed by the house was the payment of £2,7 to William 

?,\^:'.^^' Few for the destruction of his wheat and rve field bv 
433. 547 .,..',.' 

Tryon's horses and cattle. An act of oblivion being pro- 
posed, among those excepted from its operation in the coun- 
cil were James Hunter, Samuel Devinny, and Ninian Bell 



f 



WESTERN EXPANSION 



407 



C. R.. II, 

548, 561 



Hamilton. In the house these names were omitted from the 
excepted Hst, and the bill fell because the council would not 
concur with the house in granting- pardon to Hunter. 

Edmund Fanning had left the province and returned to Fanning 
New York. His attorneys had been directed to institute 
suit against those who had destroyed his house and prop- 
erty. But Governor Martin, fearing that this proceeding 
would revive animosities and produce some disturbance, 
prevailed on Fanning to abandon his actions at law and rely 
on the justice of the Assembly. His claim was for £1,500. 
The amount was moderate, but the house refused to pay 
it, saying that it could not appropriate public funds for 
private purposes ; and although some discontent might arise 
from his suits, it would be local, while the inhabitants of 
the whole province would object to having the public money 
used that way. 

This being the session for the election of treasurers, 
Montfort was re-elected for the northern district, but by 
means which Ashe's friends hotly denounced as unjust, 
he was defeated by Caswell. 



1773 



C. R. 

1054 



IX, 



Changes at the west 

The development of the western section led to efforts to 
furnish the inhabitants of the interior needed facilities for 
transportation. At the little village of Charlotte, Queen's ciiariotte 
College had been established, although the act was dis- 
allowed because it vested in the trustees the right of appoint- 
ing the master. Now a bill was passed to make it the 
county seat of Mecklenburg, but this, too, was rejected, as 
it contained provisions relating to other subjects of legis- 
lation. But in view of its growing importance, a highway 
was ordered to be built from Charlotte to Bladen. 

On the Cape Fear, the hamlet of Cross Creek found a 
rival in Campbellton, less than a mile distant. Campbellton 
had become the mart of the northwestern counties, and a 
road was directed to be constructed from it to Dan River ; 
also, in the superior court bill, it was proposed to discontinue 
the court at Hillsboro and attach Orange and Granville to 
the Halifax district, while Chatham and other counties were 
grouped in a new circuit, the court to be held at Campbellton. 



Campbell- 
ton 



4o8 



MARTIN'S ADMINISTRATION, 1771-75 



1773 

February 



C. R., IX, 

477 

The sale of 
clerkships 



S R 

xxiii, 872 



The 

attachment 

clause 



C.R., IX, 

558 



The bills 
defeated 



C. R.,IX, 

600 



The court bill 

The Assembly, in committee of the whole, directed that 
a new court bill be drawn, providing for both superior and 
inferior courts; for the retention by the chief justice of the 
power to appoint the superior court clerks ; and prohibiting 
the clerk of the pleas from selling or disposing of any county 
clerkship for any gratuity or reward whatsoever, and mak- 
ing any clerk who should give any gratuity or reward for 
his clerkship incapable of holding the office. 

The council sought to amend this bill in various par- 
ticulars. While agreeing that there should be no sale of a 
clerkship, it proposed to allow the clerk of the pleas to 
reserve a proportion of the fees to himself ; and especially, 
because of the king's commands, it desired an amendment 
that in all cases of attachment, where the defendant resided 
in Europe, the proceedings should be stayed one year. The 
house refused to concur, and the council finally passed the 
bill, but with a clause suspending its operation until it 
should be approved by the king. The old court laws, how- 
ever, were about to expire, and some immediate provision 
for maintaining a judicial system was imperatively neces- 
sary. Under this stress, two other bills were at once intro- 
duced, with the view of continuing the former laws in force 
for six months, and until the next session of the assembly. 
In the council both of these bills were so amended as to 
exempt from attachment the landed property of persons 
who were not residents of the province, and requiring 
twelve months' notice to the debtor. This was an innova- 
tion in the law and usage which had ever prevailed in the 
province, and as it would be attended with great incon- 
venience, often resulting in the defeat of justice, the house 
refused to concur. The action of the council was, however, 
in conformity with the governor's instructions, and in the 
contest much heat was evolved. Finally the council, con- 
tent with defeating the superior court bill, passed that 
continuing the inferior courts ; but the governor was not 
so complacent, and he refused his assent even to that 
measure. Thus neither bill became a law, while the general 
act, passed earlier in the session, could have no operation 
until the king had given his assent. And so it was that 



THE COURT BILL FAILS 409 



the contingency had arrived upon which on the adjourn- ^2J2 

ment of the Assembly the entire judicial system of the 
province was to fall. With hot animosity, the house, appeal- ^o^ourts 
ing to the judgment of mankind, passed a resolution that 581 
there should be published in the gazettes copies of the gov- 
ernor's instructions and of the various communications 
between the two houses, so that their conduct could be fully 
understood. 

On the day this action was taken, March 6th, the gov- March, 1773 
ernor having rejected the inferior court bill and sixteen 
others of less importance, prorogued the Assembly until 
the 9th, hoping by this act of discipline to bring the members ^^^ 
into a frame of mind more compliant with his wishes. But Assembly 

/ nrni 

the members had equal resolution, and, upon the proroga- c.r.,ix, 
tion, most of them returned to their homes ; and although 
fifteen, with the speaker, appeared on the 9th, and the 
governor and council urged that, under the royal instruc- 
tion given twenty years earlier, fifteen constituted a quorum. 
Speaker Harvey communicated to the governor that the 
members present would not make a house unless there 
should be a majority in attendance; and that he not only 
had no expectation of the arrival of other members, but 
those then at New Bern were preparing to depart. The c. r., ix, 
house had refused to obey the governor. Nothing was left 
but its immediate dissolution, and writs were at once issued 
for the election of new members, the Assembly to be held 
on May ist. 

Prerogative courts 

Without any laws providing for courts or juries, or direct- 
ing how jurors should be drawn, with at least the ordinary 
number of criminals in jail, and a necessity existing to 
enforce the criminal laws for the preservation of peace and 
order. Governor Martin now bethought himself of his 
authority, under the king's prerogative, to establish courts c.r., ix, 
of oyer and terminer, and on March i6th appointed Maurice °^ 
Moore and Richard Caswell commissioners, together with 
the chief justice, to hold such courts. During the summer 
they were held in several of the counties under the order 
of the governor. 



4IO MARTIN'S ADMINISTRATION, 1771-75 

'i^ Governor Martin having the previous year visited the 

western counties, now spent some time in the Albemarle 
section, and likewise in the counties bordering on South 
Carolina; and in his report of these journeys he spoke 
favorably of the fertility of the soil and the prosperous 
condition of the people. 

Quincy's visit 

The policy of the ministry and of Parliament in regard to 
the colonies had been a source of continual irritation, 
especially with the more commercial communities of the 
north ; and in their plans for resistance the Massachusetts 
leaders deemed it expedient to have the united support of 
all the inhaliitants of America. To this end, early in 1773, 
c.^R., IX, Josiah Quincy passed through North Carolina, seeking to 
establish a plan of continental correspondence, which the 
Virginia Assembly had recommended. At Wilmington he 
dined with about twenty persons at Mr. William Hooper's, 
and spent the night with Cornelius Harnett, whom he char- 
acterized as "the Samuel Adams of North Carolina." He 
mentioned in his diary : "Robert Howe, Harnett and myself 
made the social triumvirate of the evening. The plan of 
continental correspondence, highlv relished, much wished for 
and resolved upon as proper to be pursued." He was sur- 
prised to find that "the present state of North Carolina is 
really curious ; there are but five provincial laws in force 
through the colony, and no courts at all in being." 
i^nd"omce'' Earl Granville being now desirous of having his terri- 
opened ^q^j cared for, offered to make Governor Martin his agent, 

and the governor submitted the matter to Earl Hillsborough 
and received permission to undertake that employment in 
addition to his other duties. Granville's land office had 
been closed for several years. 

During the summer the governor received instructions 
from the king disallowing the court law passed at the last 
session, but allowing attachments in a modified form. He 
had determined not to convene the Assembly until he had 
received these instructions, and prorogued it from time to 
time until the last of November, when the new house met, 
again electing Harvey as speaker. 



COMMITTEES OE CORRESPONDENCE 411 



Colonial affairs 1!^ 

Immediately on its assembling, Speaker Harvey laid f^^-^\l^' 
before the house resolutions received from other colonies, Nov., 1773 
and a committee, composed of Johnston, Howe, and Har- 
nett, was appointed to prepare appropriate answers. Among 
these resolutions were those of the Virginia Assembly of 
March 12th proposing a Committee of Correspondence, in c r,ix, 
which the house concurred, and it appointed eight members 
as a standing Committee of Correspondence, with directions 
to obtain the most early and authentic intelligence of the 
ministry's plans that related to the colonies ; and, partic- 
ularly were they required to report on a court of inquiry 
lately held in Rhode Island, with powers to transmit persons 
accused of offences to places beyond seas for trial. This 
action — the appointment of committees of correspondence — 
was the first step in the path that led to the union of the 
colonies. It was significant of a purpose of co-operation, 
and as time passed and event followed event, the bands of 
union were forged and the colonies became welded together 
in an indissoluble confederacy. 

The house informed Governor Martin that in its opinion ^p,*;^^^'"''"' 
he could not erect courts of oyer and terminer without the overthrown 
concurrence of the legislature, and that it would make no 
provision for defraying the expenses of the courts he had 
instituted. Samuel Johnston was the leading spirit in the C-^i^-x, 
Assembly. He was pronounced against courts of prerog- 
ative and the house was unanimous in its action. Neces- 
sarily the system fell and the courts ceased. New bills were 
brought in for the establishment of courts, and for pardon 
and oblivion for the Regulators, and to discontinue the poll 
tax of one shilling. The council, however, objected to the 
first, insisting that it should be drawn conformably to the 
king's instructions, to which the house would not agree; nor 
did it act on the other measures. 

The act of oblivion again fails 

On December 21st the governor sent a verbal message 
requiring the immediate attendance of the house at his palace. 
Before complying, the house hastily passed a resolution 
appointing a committee, composed of the speaker and seven 



412 



MARTIN'S ADMINISTRATION, 1771-75 



1774 

The aid of 

Tryoii 

asked 

C. R., IX, 

787 



C. R. 

800 



IX, 



No courts 
ill the 
province 

C. R., IX, 

831 

March, 1774 



C. R., IX, 

930 



S. R., 
XXIII, 931 



Temporary 
court law 



Other members, to prepare an address to the king on the 
subject of the court law, particularly relative to attachments, 
and to address Governor Tryon requesting him to convey 
the same to his Alajesty, and "support our earnest solicita- 
tions with his interest and influence, and that he will accept 
of this important trust as testimony of the great affection 
this colony bears him. and the entire confidence they repose 
in him.'' Governor Martin having found the temper of the 
Assembly so firm in its opposition to his measures, prorogued 
it until March ist, and the session closed without the passage 
of a single act. 

When the governor learned of the address to Governor 
Tryon, of New York, his mortification was unbounded, his 
pride having received a severe blow, wdiich he considered 
extremely undeserved ; but he suppressed his anger and still 
pursued a persuasive policy. 

The governor's prerogative courts having suddenly fallen, 
there were in March, when the Assembly met again, 
neither criminal nor civil courts in existence. The governor 
made another earnest appeal for conciliation, and it was pro- 
posed as a temporary measure of relief that there should be 
three acts passed, one establishing courts of justice, one 
relating to foreign attachments, and one relating to the fee 
bill of 1748. On these measures, for the first time, the yeas 
and nays were entered on the house journals. The house 
refused to assent by large majorities, all the leading mem- 
bers voting in the negative. 

The house having again passed a court bill, which the 
governor felt it his duty to reject, temporary acts were 
passed to establish courts of oyer and terminer and inferior 
courts, to last for one year, and then until the next session 
of the Assembly, to which he gave a reluctant assent. The 
friction between the Assembly and the governor was indeed 
pronounced, for the assemblymen were immovable, and not- 
withstanding Governor Martin was conciliatory to the last 
degree, yet he was bound by his positive instructions and 
could not meet the views of the popular leaders. On 
March 24th he prorogued the body until May 25th. But 
before its adjournment the house again resolved that the 
one shilling tax should not be collected. This was more 



TEMPORARY COURTS 413 

than the spirit of the governor could brook, and now giving ^74 

rein to his wrath and indignation, he immediatelv issued his c r., ix, 
proclamation dissolving the Assembly with marks of his 
censure and disapprobation. The original act having been The 

'^ '^ ■=■ . , . Assembly 

passed by the three several constituents composmg the legis- dissolved 
lative body, the governor held that the house "had assumed 
the dangerous power of dispensing with the positive laws of 
the country, and that it was a political enormity to abrogate 
a solemn and important law by its single veto." The session, Courts of 
however, was not without avail, for provision was made for terminer 
establishing inferior courts and criminal courts ; of the latter, 
Alexander Martin and Francis Nash were the judges of the 
Salisbury and Hillsboro districts, respectively. So much at 
least had been accomplished. 

But this very important act was defective. It was ccr- ^^^-j 
tainly badly drawn. Governor Martin assented to it with 
great reluctance, and always spoke of it contemptuously. 
Under his instructions he could not assent to such a general f^^^'' '^' 
court law as the Assembly insisted on, but because of the 
deplorable situation, in the absence of any courts of criminal 
jurisdiction, he gave his assent to this temporary act, which 
had been hastily passed by the Assembly. It authorized the 
governor to commission the chief justice to hold courts of 
oyer and terminer and general jail delivery, and to appoint 
two other persons resident in each district to hold the courts 
of their districts in the absence of the chief justice, but by 
inadvertence the powers conferred on these judges were not 
those probably intended, the draftsmen being unskilled. 
Chief Justice Howard left North Carolina for the summer, 
and James Hasell was appointed chief justice in his stead. 
The summer terms were to be held in June and July and the 
winter terms in December and January. When the court '^'°"''f . 

-' -^ _ antacks the 

convened at Wilmington, at the close of Julv, Maurice Moore cou"^ 
raised objections because of the defects in the act and in the 
commission of the judge. Moore had been on the bench in 
Governor Tryon's time, and had been appointed by Gov- 
ernor Martin one of the judges of his prerogative courts, 
which the Assembly had repudiated as being illegal and 
unconstitutional. The destruction by the Assembly of the 
court of which he was a judge on the score of illegality and 



414 MARTIN'S ADMINISTRATION, 1771-75 

^^ unconstitutionality seems to have inflamed the deposed 

McRee's jufist, who had held his honors by the appointment of the 

Iredell, I, -^ . , , i i • i i 

201 governor, and now with zest he made his leg^al exceptions 

to the constitution of the Assembly's court, "very indecently 
reflecting upon the legislature, happy in the weakness of 
the judge." Because of his strictures, the court adjourned. 

c. R., X, I Nevertheless, these courts continued to be held, at least in 
some if not all the districts, until the summer of 1775. 

Harvey urges a convention 

The condition of the province, although in the absence of 
courts there were fewer disorders than might have been 
anticipated, was, in 1774, a fruitful source of grave alarm 
to thoughtful citizens. Something, they said, must be done 
to save the country from anarchy. Biggleston, the gov- 
ernor's secretary, mentioned to Speaker Harvey that the 
governor did not intend to convene another Assembly until 
he saw some chance of a better one than the last. Promptly 
Harvey replied that the people then would convene one them- 

A rii I selves. On the night of April 4, 1774, a week after the 
dissolution of the Assembly, Harvey and Johnston passed 
the night with Colonel Buncombe, and Harvey was "in a 
very violent mood, and declared he was for assembling a 
convention independent of the governor, and urged upon us 

968 " ' to co-operate with him." He declared that he would lead 
the way and "issue hand-bills under his own name, and that 
the Committee of Correspondence ovight to go to work at 
once." Such a proceeding was not unknown. It had been 
resorted to once, years before, in Massachusetts, but now it 
was a revolutionary movement and was a bold departure. 
Harvey had already spoken of it to Willie Jones, who prom- 
ised to exert himself in its favor, and now Johnston wrote to 
Hooper on the subject, and asked him to speak to Harnett 
and Ashe and other leaders on the Cape Fear. 

Continental affairs 

But not only were the affairs of the province then acute, 
continental matters also were agitating the people. The 
agreement of the colonies not to give their assent to any 
law taxing America had led to the disuse of taxed tea, 
large quantities of which lay stored in the English ware- 



THE TAX ON TEA 



415 



houses- of the East India Company. To counteract this, 
ParHament allowed the export of teas from England with- 
out the former export dut}-, so that the teas, even after 
paying the American tax, could be sold at a cheaper price. 
With the hope of speedy sales, the East India Company 
shipped cargoes to New York, Philadelphia, Charleston and 
Boston. Those for the two former ports were returned to 
London. At Charleston the tea was unloaded, but stowed 
away in cellars unsold. At Boston, where a considerable 
illicit trade in tea was carried on by Hancock and other 
merchants, which they did not wish interfered with, the gov- 
ernment insisted that the tea should be landed and sold. To 
prevent this, a number of the inhabitants, disguised as 
Indians, on the night of December i8th boarded the ships, 
broke open the chests and emptied the tea into the harbor. 
Information of this proceeding caused great excitement in 
England. American affairs engrossed the attention of Par- 
liament. Four acts were passed. By the first the port of 
Boston was closed, to take effect on June 4th, the custom 
house being transferred to Salem. By the second the charter 
of Massachusetts was abrogated and town meetings, except 
for elections, declared unlawful. By the third all officers 
of the Crown, in case of indictment, were to be sent to Eng- 
land for trial. The fourth related to the cjuartering of 
soldiers on the colonies. While these measures, aimed di- 
rectly at the old colonies, excited indignation, a fifth, respect- 
ing the government of the new province of Quebec, 
occasioned even greater apprehension. In that, every limi- 
tation of the constitution w-as disregarded. The legislative 
power was vested in a council appointed by the Crown. 
Roman Catholicism was established as the state religion. 
Roman Catholics were eligible to office. There was to be 
no writ of habeas corpus. The French civil law, without 
jury trials, was ordained ; and the bounds of the province 
were extended south to the Ohio and west to the Mississippi, 
hedging in the northern colonies. If charters could be abro- 
gated, government by general assemblies abolished. Protes- 
tantism supplanted by Catholicism and the writ of habeas 
corpus ignored, America owed her liberties only to the 
sufferance of her masters. 



1774 



Tea 

imported 



December 



1771 

The Boston 

Tea Party 



Action in 
England 



Boston 
closed, 
June 4, 1774 

C. R., IX, 

toco 



Quebec 
Act 



4i6 MARTIN'S ADMINISTRATION, 1771-75 

HJ* Under the changing condition there was to be a conflict 

between the colonies and the mother country was apparent, 
and in view of it the king regarded with apprehension the 
wonderful growth of the colonies, and sought to check the 
removal of his subjects from Great Britain to his American 
dominions. Thus, in 1772, after James McDonald and his 
associates of the Isle of Skye, proposing to settle in North 
Carolina, had petitioned for an allotment of forty thousand 
303 " ' ' acres of land, the request was refused on the ground that too 
many British subjects were removing to the colonies. Mc- 
Donald was the head of that large and influential connection 
of which Flora McDonald was a member — that admirable 
woman whose picturesque career has given her a unique dis- 
tinction among her sex. Notwithstanding this refusal, the 
Arrival of McDonalds did not relinquish their purpose but continued 
Highlanders |.|-|gjj. preparations to join the stream of Scotchmen who were 
c. R., IX, migrating to the Cape Fear. In the spring of 1774 three 
hundred families came from the Highlands ; and although 
the king in February of that year gave instructions which 
virtually closed his land offices and withdrew his land from 
entry, yet in the following winter some eight hundred other 
Scotchmen disembarked at Wilmington. Among them were 
the McDonalds. Flora and her husband, Allan, after a brief 
sojourn at Cross Creek, resided temporarily at Cameron 
Hill, near Barbecue Church, some twenty miles to the north- 
ward of Campbellton, and then located in Anson County.* 

*At Wilmington the inhabitants gave Flora McDonald a public 
reception and ball ; she was received at Cross Creek with great 
demonstration, martial music and the strains of the pibroch. 



I02U 



CHAPTER XXV 

Martin's Administration, 1771-75 — Continued. 

Organized resistance. — The Committee of Correspondence. — Will- 
iam Hooper. — The Wilmington meeting.^The cause of Boston 
the cause of all. — Parker Quince. — The first convention. — The 
counties organize. — Governor Martin's proclamation. — The conven- 
tion held. — The resolution. — Non-importations. — Tea not to be vised. 
— The revolutionary government. — Committees of Safety. — In- 
structions to delegates. — Governor Martin's attitude. — Goes to 
New York. — The Continental Congress. — The revolution pro- 
gresses. — Cornelius Harnett. — The Edenton tea party. — Governor 
Martin returns. — The Transylvania colony. — The second convention 
called. — Proceedings on the Cape Fear. — John Ashe. — Robert Howe. 
— The Regulators disaffected. — The Highlanders. — Enrolled Loyal- 
ists. — The Assembly and the Convention. — John Harvey presides. — 
The American Association signed. — The governor's address. — The 
house replies resolutely. — The Assembly dissolved. — The last appear- 
ance of Harvey. — North Carolina at court. — Thomas Barker. — 
Governor Tryon. — North Carolina favored. — The battle of Lexing- 
ton. — Martial spirit aroused. — The governor questioned by Nash. 
— He is alarmed. — The negro insurrection. — He seeks refuge at 
Fort Johnston. 

Organized resistance UJt 

To the dissatisfied colonists was imputed by the advisers 
of the king, from the very beginning of the controversy, a 
purpose to sever their connection with the mother country ; 
but while that idea doubtless occurred to the minds of philo- 
sophic students as a remote possibility, it was not at all enter- 
tained by the people at large, who, born British subjects, 
had neither inclination nor purpose to change that relation. 
Among those who were casting their eye to the future was c. r., ix, 
William Hooper. Writing April 26, 1774. to James Iredell, 
he said : "The colonies are striding fast to independence, and 
ere long will build an empire upon the ruins of Great Brit- 
ain," but yet he was not agitating for a separation at that 
time. 

The plan proposed by Harvey for the people to convene 
an assembly did not at once materialize ; but when the port 



985 



4i8 



MARTIN'S ADMINISTRATION, 1771-75 



1774 



S. R., XI, 

245, 246 



JiiJie 



Thec.iuse of 
Boston ll;e 
cause of all 



Movement 
for a 
convention 



of Boston was closed, in North Carolina as in every other 
part of America, there was a storm of indignation ; and the 
proposition was revived. 

On June 9th the Committee of Correspondence received 
sundry letters and papers from the northern colonies respect- 
ing^ the oppressive proceedings against Boston. These, the 
next day, they sent forward to the committee of South 
Carolina, saying that they could only express their indi- 
vidual sentiments, but believed that the inhabitants of the 
whole province concurred with them ; that they thought that 
the province ought to consider the cause of Boston as the 
cause of America ; that they should concur and co-operate in 
measures agreed on by their sister colonies ; that it was 
expedient that deputies should be appointed to adopt 
measures ; and that if assemblies could not meet, they should 
pursue the laudable example of the house of burgesses in 
Virginia— meet and form associations and put a stop to all 
commercial intercourse with Great Britain. 

Some ten days later, on June 21st, the committee replied to 
the communication from Virginia, expressing the same senti- 
ments as in their letter to South Carolina. Agreeing to the 
call of a general congress, they said : "As this cannot be 
effected but by a convention of the representatives of the 
several provinces, we think that the conduct pursued by the 
late representatives of Virginia is worthy of imitation when 
the governors shall decline to convene the people in their 
legislative capacity. . . . Should not our Assembly meet 
on July 26th, to which time it now stands prorogued, we shall 
endeavor in some other manner to collect the representatives 
of the people." These communications were signed by John 
Harvey, Edward Vail, Robert Howe, John Ashe, Joseph 
Hewes, Sam Johnston, Cornelius Harnett and William 
Hooj^er. 

Hooper was especially concerned for the distresses of his 
kinspeople and friends, among whom he had been reared at 
Boston, and doubtless was a moving spirit in subsequent 
proceedings ; but the general sentiment that the time had 
come for action was shared by Harvey and the other mem- 
bers of the Committee of Correspondence, and doubtless by 
the inhabitants generally. 



THE FIRST PROVINCIAL CONVENTION 419 

Governor Martin, having on March 30th dissolved the ^^ 

Assembly, the next day issued writs for an election of 
new members, but informed the Earl of Dartmouth that he 
did not propose another meeting of the Assembly until the 
fall. And so the contingency arose requiring action by the 
people in their own behalf. On Tulv 21st the inhabitants of c. r., ix, 
the district of Wilmington held a general meetmg, at which 
William Hooper presided as chairman, the purpose being to 
prepare the way for a convention of the people.* At that 
meeting a resolution was adopted appointing eight gentle- 
men of tlie Cape Fear to prepare a circular letter to the 
counties of the province, urging that deputies should be sent ^^^.g^tio^ 
to attend a general convention at Johnston Court House on called 
August 20th to adopt measures that would avert the miseries 
threatening the colonies ; and a resolution was adopted ex- 
pressing concurrence in holding a continental congress on 
September 20th. The voice of the meeting was "that we 
consider the cause of the town of Boston the common cause 
of British America." 

Already the distresses of the indigent inhabitants of the 
closed port, whose business and industries were arrested and 
whose workmen were without employment, had appealed to 
the sympathies of the people of the Cape Fear, and liberal Comribu- 
contributions of money and provisions had been made, the Boston"' '° 
ladies equally with the men manifesting their sympathy by 
generous donations. Parker Quince, a patriotic merchant, 
tendered his vessel to transport these contributions, himself 
going to deliver them. And now the meeting suggested that 
other communities should make a similar demonstration of 
their sympathetic and patriotic interest. 

At once North Carolina resounded again with the cry 
of "Liberty and Property." Meetings were held in various 
communities and provisions, contributed alike on the sea- 
board and in the interior, were sent to Boston by Edenton, 
Wilmington and New Bern ; and the counties responded with 
ardor to the circular letter of the Wilmington committee. 
The meeting was finally fixed to be at New Bern on 
August 25th. Every county except Edgecombe, Guilford, 

^Governor Swain, in Appleton's Cyclopedia, attributed this move- 
ment largely to John Ashe. 



420 MARTIN'S ADMINISTRATION, 1771-75 

"JJ^ Hertford, Surry, and Wake was represented by deputies 

selected at meetings of freeholders, the members of the 
Assembly being for the most part chosen as representatives 
in the convention. At these county meetings patriotic reso- 
lutions were adopted and committees of correspondence 
were appointed, which became the first nucleus of the power 
and authority of the respective communities in the manage- 
ment of local affairs in antagonism with the established 
government. 
The voices The discussions by James Iredell, Judge Moore and others, 
counties iu the pubHc prints and elsewhere, of the constitutionality of 
the courts by prerogative, which had been repudiated by 
the Assembly that spring, had brought forward anew the 
basic principles of the constitution, which now found ex- 
pression in the declarations of the counties. The people of 
Pitt resolved "that as the constitutional assembly of this 
colony are prevented from exercising their rights of pro- 
viding for the security of the liberties of the people, that 
right again reverts to the people as the foundation from 
whence all power and legislation flow." A clearer declara- 
tion of the sovereignty of the people and the sanction of 
government had not theretofore been made. Echoes of the 
same fundamental principles are to be found in most of the 
proceedings, and generally it was declared "that it is the 
c. R., IX, first law of legislation and of the British constitution that no 
'°^° man be taxed but by his own consent, expressed by himself 

or by his legal representatives." 

The resolves of Rowan contained a further sentiment : 

c. R., IX, "That the African trade is injurious to this colonv, obstructs 

1026 _ _ ■' ' ' 

the population of it by freemen, prevents manufacturers and 
other useful emigrants from Europe from settling among us 
and occasions an annual increase of the balance of trade 
against the colonists ;" and "that to be clothed in manu- 
factures fabricated in the colonies ought to be considered 
as a badge and distinction of respect and true patriotism." 

The freeholders of Granville resolved : "That those abso- 
lute rights we are entitled to as men, by the immutable laws 
of nature, are antecedent to all social and relative duties 

C R IX 

1034'' ' whatsoever;" and "that by the civil contract subsisting be- 
tween our king and his people, allegiance is the right of 



THE PROVINCIAL CONVENTION MEETS 421 

the first magistrate and protection the right of the people ; ^ 

that a violation of this compact would rescind the civil insti- 
tution binding both king and people together." The very 
frame and foundation of civil government had been exam- 
ined and was then declared. The common sentiment found 
expression in the Granville resolutions : "Blessed with free- 
dom, we will cheerfully knee the throne erected by our 
fathers, and kiss the sceptre they taught us to reverence," yet 
"as freemen we can be bound by no law but such as we assent 
to, either by ourselves or our representatives. That we de- 
rive a right from our charters to enact laws for the regulation 
of our internal policy of government, which reason and 
justice confirm to us, as we must know what civil institutions 
are best suited to our state and circumstances." 

The springs of patriotism were yielding now the first 
streams that, uniting and swelling, in the course of time 
became the mighty current that swept America into the 
stormy seas of revolution. 

On August I2th Governor Martin, greatlv concerned at c. r.,ix, 
the proposed revolutionary congress, convened his council 
and issued his proclamation enjoining all of his Majesty's 
subjects from attending any illegal meetings, and command- 
ing every officer in the province to aid and assist in 4is^ 
couraging and preventing them ; and especially in prevent- 
ing the proposed meeting of deputies at New Bern. But 
nevertheless the convention was held, and the governor had ^ R.,ix, 

. . =5 1056 

the mortification of observing that all the members of his 
council except James Hasell freely mixed with the members, 
giving them aid and countenance, and apparently being in 
full sympathy with them. \ 

At the meeting of August 25th* John Harvey was chosen Aug. 25,1774 
moderator. Hewes, one of the standing Committee of Cor- 
respondence appointed by the last Assembly, presented let- 
ters received by that committee from the other colonies, and 
it was thereupon resolved to appoint three delegates to attend 
the general congress to be held at Philadelphia. There was 
much rivalry among some of the members to secure these 
appointments. William Hooper, who was one of the leading c.r., ix, 
members and to whose pen the resolutions adopted by the '° ^ 

*A similar convention was held by Virginia on Augkst ist. 



io6i 



422 MARTIN'S ADMINISTRATION, 1771-75 

^ convention are attributed, was the first selected, and with 

him were Joseph Hewes and Richard Caswell. 

The dele- PcHiaps remembering how Parliament had yielded to the 

Coiuine°MtaT dcmands of the colonists and their friends in Great Britain 
o'lgress eioiu years earlier, the provincial leaders may have con- 
ceived that now similar influences would again prevail, and 
that the mission of deputy to the general congress would be 
only a temporary employment. Thus it may be that for 
personal reasons this honorable post was particularly sought 
by those selected — Hooper, deeply interested on behalf of his 
Boston kindred ; Hewes, largely concerned in his mercantile 
firm at Philadelphia ; and Casw^ell, desirous of revisiting his 
old home in Maryland wearing the high honors he had won 

c. R., IX, in Carolina. But in any aspect, the selections were well 
made. They were among the foremost men of the province, 
possessing abilities equal to the station. Of the lofty devo- 
tion of Hooper and Hewes there could be no doubt ; and 
although Governor Martin conceived the idea that Caswell 
was going with the current against his inclinations and judg- 
ment, yet he, too, gave every pledge of devotion and zeal, 
urging his son to take his musket and, exposing the secrets 
of his heart, declared that he would shed his last blood "in 

c. R., IX, support of the liberties of my country." That Caswell sprang 
at once into the group of tlie most influential leaders and 
made a lasting impression on his associates in the Conti- 
nental Congress is beyond question. Indeed, it is to be 
doubted whether any other colony sent a delegation of 
superior merit to that body, whose amazing excellence ex- 
torted the admiration of the world ! 

The* Declaring themselves "his Majesty's most dutiful and 

loyal subjects," the deputies entered into resolutions of the 
most positive character. They asserted that any act of Par- 
liament imposing a tax on the colonies was illegal and un- 
constitutional ; that the Boston port act was a cruel infringe- 
ment of the rights of the people ; that the act regulating 
that province was an infringement of the charter ; that the 
bill empowering governors to send persons to Great Britain 
for trial will tend to produce frequent bloodshed. And in 
the way of enforcing a redress of grievances, the convention 
resolved that after January i, 1775, they would import or 



1250 



intolerable 
acts 



STEPS IN REVOLUTION 423 

buy neither East India goods nor goods of British manu- ^^ 

facturc ; nor would they export any products of the country ; Non-impor- 

111 1 1 • 11 1 • 1 tation 

i.or should any slaves be unported or brought mto the prov- 
ince; and after September loth they would not suffer any 
East India tea to be used in their families, but would consider 
all persons not complying with this resolve as enemies of the Retaliatory 
country. 



measures 



1047 



The revolutionary government 

The convention then laid the foundation for a revolution- 
ary government by providing that at every future meeting 
the counties and towns shall be represented, and recom- 
mended that a committee of five should be chosen in each c. r., ix, 
county to take care that the resolves of the congress should 
be properly observed, and to act as a committee of corre- 
spondence. These later became known as Committees of 
Safety. 

The convention gave directions to the deputies to the gen- 
eral congress based on an unchangeable purpose to defend 
their persons and property against all unconstitutional en- 
croachments, and authorized them to enter into an agree- 
ment that until there should be an explicit declaration and 
acknowledgment of colonial rights, there should be a cessa- 
tion of all imports and exports ; and to concur with the depu- 
ties from other colonies in any regulation or remonstrance 
that a majority might deem necessary measures for promot- 
ing a redress of grievances. 

In view of the precarious health of Colonel Harvey, Sam- 
uel Johnston was empo\\'ered to convene the deputies of the 
province at such time and place as he should think proper. 
And so a positive step w^as taken toward the revolution that 
was impending, provision being made for the orderly assem- 
bling of deputies who should represent the people and exer- 
cise the power of government over those who would assent 
to be controlled by the resolutions of congress. 

Governor Martin's attitude 

The position of Governor Martin was now delicate in the 
extreme. He realized that the power of government had 
largely passed into the hands df the committees of corre- 



424 MARTIN'S ADMINISTRATION, 1771-75 

^ spondence and the provincial Assembly, and was greatly 

mortified at the falling away from his support of the mem- 
bers of his council and other gentlemen whom he thought 
bound by the ties of duty and obligation to oppose the revo- 
lutionary faction. He, however, ascribed the condition of 
afifairs in North Carolina to the personal ambition of 
aspirants for the treasuryship rather than to a more patriotic 

c. R., IX, design. At the election for treasurers in 1772 Johnston had 
been defeated by Montfort and Ashe supplanted by Caswell. 
Caswell had been one of his judges appointed by prerogative, 
and the opposition to that court the governor attributed to a 
purpose to render Caswell unpopular in the interests of a 
combination between Johnston and Ashe — a conjunction 
which he regarded as extremely formidable to the interests of 
the country and productive of further and worse conse- 
quences. The convention having adjourned, and there being 
no other movement of the people on foot. Governor Martin, 
in September, because of ill health, left the province for New 
York; doubtless also he wished to confer with Governor 
Tryon. In his absence the administration devolved on James 
Hasell. 

The Continental Congress 

The action of the general congress was substantially on 
the lines indicated by the resolutions of the Provincial Con- 
vention of North Carolina. There were adopted resolutions 
of non-importation and non-exportation, which, being signed 
by the members on behalf of themselves and their constitu- 
IL^ociation Pile's, bccamc an association paper, v/hich they agreed "to ob- 
Sept. 10th serve by the sacred ties of virtue, honor, and love of coun- 
try." It was recommended that committees should be chosen 
in every county and town to see to the observance of the 
association by the people, and that the committees of corre- 
spondence should be active in disseminating information. 
McRee's The post of dcputy was one of honor, but also one of 

227 ' ' danger. On the adjournment of the congress, Hewes wrote 
to Iredell : "Our friends are under apprehension that admin- 
istration will endeavor to lay hold of as many delegates as 
possible, and have them carried to England and tried as 
rebels ; this induced the congress to enter into a resolve in 1 



il 



COMMITTEES OE SAFETY RULE 425 



such cases to make a reprisal. I have no fears on that head ; 1^ 

but should it be my lot, no man on earth could be better 
spared. Were I to suffer in the cause of American liberty, 
should I not be translated immediately to heaven as Enoch 
was of old ?" Such was the general feeling — a spirit of sac- 
rifice and self-immolation. The fires of patriotism were 
indeed lighted, and an ardor to maintain the rights of 
America animated the inhabitants of every province. 

The revolution progresses 

During the fall and early winter local committees con- 
vened the freeholders in the several counties of North Caro- 
lina, and, conformably to the resolutions of the provincial 
and continental congresses, standing committees of safety 
were appointed. The earliest proceedings of any committee 
that have been preserved arc those of Rowan County. On 
September 23d the people there took action, led by William 
Kennon and Adlai Osborn, and doubtless the inhabitants of 
Mecklenburg County were equally forward under the influ- 
ence of Tom Polk, the Alexanders and Brevards. On Octo- 
ber 4th the freeholders of Pitt met, and on the same day 
there was a general muster of Colonel Bryan's regiment of 
militia in Johnston. At Halifax, Willie Jones, Samuel Wel- 
don and their associates on the committee in December de- 
clared Andrew Miller, a merchant of Halifax, under the ban 
for refusing to sign the association. In the Albemarle 
region, Johnston, Hewes, and Harvey directed events, while 
Richard Cogdell, Abner Nash, Alexander Gaston and other 
patriots took strong and zealous action at New Bern. 

The freeholders of \\^ilmington having appointed their 
Committee of Safety, on November 23d that body immedi- 
atelv began to exert authority. Captain Foster informed the Xv? ^.' 

' . , . i r , , . , • , Wilmington 

committee that a quantity of teas had been imported m the 
brig Sally by himself, Messrs. Ancrum, Brice, Hill and 
others, and the importers did not know how to dispose of it, 
and they desired the advice of the committee.* A letter was 

*Extract from Letter Book of William Hill : 

"Brlnswick. July 26, 1774. 
"Messrs. Kelly & Co.. London. England : 

"The tea, though repeatedly written for, is not come at all, but 
I need not find fault or make any objections now; for the flame into 



426 MARTIN'S ADMIXISTRATIOX , 1771-75 

^^ addressed to ]\Ir. Hill, making inquiry whether the tea might 

November not bc rcgularlv re-exported in the same vessel. To this 
inquiry Hill replied that, in the absence of the collector and 
the comptroller, he could not answer what they would de- 
termine ; but, said he, "The safety of the people is, or ought 
to be, the supreme law ; the gentlemen of the committee will 
judge whether this law or an act of Parliament should, at 
this particular time, operate in North Carolina. I believe 
every tea importer will cheerfully submit to their determina- 
tion." Such was the sentiment that pervaded every breast — 

whicli this whole continent is thrown by the operation of the Boston 
port bill will presently show itself in a universal stop to all inter- 
course between Great Britain and the colonies. . . . Though the 
want of the tea has for some time past been a serious hurt to me, 
yet 'tis now a lucky omission, as I am very doubtful our committee 
would have ordered it back. But I hate politics, and your papers 
are by this time fdled with the resolutions of the different provinces, 
towns, etc., in America. It may not be amiss to say that they are 
sending large contributions from every port on the continent to 
Boston for the relief of the suffering poor," etc., etc. 

"Brunswick, August 17, 1774. 

"The tea I am as much surprised to see now as I have been dis- 
appointed in the want of it these eleven months past. Had it come 
agreeably to my request, in July, 1773, it would have afforded a 
profitable sale; but it is now too late to bc received in America. If 
I were ever so willing to take it, the people would not suffer it to 
be landed. Poison would be as acceptable. 1 hope you will not be 
surprised, therefore, to receive it again by the same ship. By this 
you will easily perceive how vastly mistaken your correspondents 
have been, in their opinion of disunion among the American prov- 
inces: and I can venture to assure you that North Carolina will not 
be behind any of her sister colonies in virtue and a steady adherence 
to such resolves as the Continental Congress now sitting at Philadel- 
phia shall adopt." 

'i\\t. Hill added that he would "decline, until the present diffi- 
culties are happily over, further intercourse with Great Britain." 

"Brunswick. December i. 1774. 
"Gentlemen : 

"The I\Iary luckily arrived two days before the importation limit 
expired ; for, from and after this day, all goods imported f